Public papers of William Sulzer, governor. January 1 to October 17, 1913

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STATE OF NEW YORK

PUBLIC PAPERS

OF

WILLIAM SULZER

GOVERNOR

w^^dk «-czr

J. B. LYON COnPANY, PRINTERS
1914

STATE OF NEW YORK

PUBLIC PAPERS

OF

WILLIAM 5ULZER

GOVERNOR

JANUARY 1 TO OCTOBER 17, 1913

ALBANY

J. B. LVON COnPANY, PRINTERS

1914

BIOGRAPHY OF
GOVERNOR WILLIAM SULZER

By . Edgar L. ^I^Iurlin

William Sulzer, the forty-first Governor of New
York State, was born in an old brick house on Liberty
street, Elizabeth, New Jersey, on March 18, 1863. He
is the second son of a family of seven children — five
boys and two girls.

Lydia Sulzer, his mother, was of Dutch and Scotch-
Irish ancestry. Thomas Sulzer, his father, was born
in Germany, and while a student at Heidelberg Uni-
versity, in 1848, joined the patriot anriy and fbught to
establish constitutional government. He was captured
and put in prison, but made his escape to Switzerland
— thence emigrating to New York city in 1851. He
married there, and the family afterward moved to
Elizabeth, N. J., and subsequently bought a farm at
Wheatsheaf, a suburb of the former place, where the
son, William, aided in the farm work, until he went to
New York to study law.

William Sulzer was educated in the country school,
and graduated from a grammar school in 1877. His
parents desired him to study for the ministry, but he
became interested in the legal profession and entered
Columbia College Law School. He also studied law
with Parrish and Pendleton in New York city. In
1884 at the age of 21 years he was admitted to the
practice of law at a General Term of the Supreme
Court held in New York city, and at once opened a
law office and began his life work as a lawyer. Early
in his career he became a successful lawyer, and

[iii]

iv BiOGEAPHr OF William Sulzek

throughout his long public service has been more or
less engaged in the practice of his chosen profession.

He first entered political life prominently during
the Presidential campaign of 18M, which terminated
in the election of Grover Cleveland as President.
Mr. Sulzer upon this occasion was one of the cam-
paign speakers of the DemqcEatiq National Committee.
Ever since 1884 he haS: participated actively in the
speaking campaigns of the Democratic Party at each
successive election.

In 1889 Mr. Sulzer was elected an Assemblyman
from .the fourteenth Assembly district on an inde-
pendent ticket, being then only twenty-six years of
age, winning the electipji by a plurality of about 800
votes, his chief platform being that the Broadway
i^ailway franchise should not be granted in perpetuity
to a private monopoly. He was re-elected to the As-
sembly in 1890, 1891, 1892 and 1893, and each year by
increased majorities.

Soon after Mr. Sulzer 's election to the Assembly
he became widely known as an advocate of social,
political and economic reforms, the chief among
which were embodied in bills abolishing " sweat
shops "; providing free lectures for working people;
abolishing imprisonment for debt; providing for a
Constitutional Convention ; establishing ' ' Freedom of
Worship "; providing for the State care of the in-
sanei; for ballot reform; for the punishment of cor-
rupt election practices; abolishing corporal punish-
ment in the prisons; limiting hours of labor; estab-
lishing a Saturday half holiday; providing for a
weekly payment of wages; establishing a woman's
reformatory ; and for an epileptic colony. These bills
introduced and advocated by Mr. Sulzer became laws.

B.IOGRAPHY 0.F WiLLIAM SxiLZEE V

Tke '' Freedom of Worship " bill, gave to the inmate
of any State institution the, right to worship God
aGCordijig to the dictates of his conscience. Up to the
passage of the ' ' State Care Act ' ' a large proportion
of the insane people of the State whose relatives were
too poor to have them cared for in private hospitals
for the insane were in: charge of local authorities. The
" State Care Act " placed all the hospitals in charge
of the State government and greatly improved the
means taken to restore the inmates of these hospitals
to health.

The title of the Saturday ' ' half -holiday ' ' act indi-
cates the purpose of the measure — to give a longer
period of rest for all workers. The women's reforma-
tory was a much needed institution, and since it was
establis.hed has finely accomplished the aims of those
who suggested it. The law providing for free lec-
tures for workingmen and working women has devel-
oped since in New York city into its magnificent lecture
and musical entertainment sys^tem, where hundreds of
lectures and musical entertainments are yearly given.

Mr. Sulzer, as a member of the Assembly, also in-
tFoducerd and persuaded the Legislature to pass a law
for the Columbian Celebration in New York city; a
law codifying the s,tatutes of the State ; a law codify-
ing the laws relating, to the quarantine station; a law
opening Stuyvesant Park, New York city, to the use
of the people; a law opening New York's greatest
art gallery, the Metropolitan Museum ., of , Art, to
people on Simday; a, law providing a prevailing rate
of wage for working people ; a law for a State forest
park; the law for the preservation of the Adirondack
forests; a law for the protection of the head waters
of the Hudson river and the conservation of the

Vi BlOGEAPHY OF WiLLIAM StILZER

natural resources of New York State; a law for the
completion of the State Capitol; a Constitutional
amendment for the enlargement of the State's canals;
a law establishing the Aquarium in New York city; a
law establishing Bronx and Van Cortlandt parks in
New York city; the law establishing the great New
York Public Library, with funds largely contributed
by Ex-Governor Samuel J. Tilden; and the law com-
pelling the New York Central Railroad Company to
ventilate and light the Fourth Avenue tunnel.

Entering the Assembly as one of its youngest mem-
bers in 1890 he rapidly won fame, and power and in-
fluence, and was one of the leaders in 18&2, the Demo-
crats being in control of the body; Speaker of the
Assembly in 1893 ; and leader of the minority in 1894.
As Speaker of the Assembly he gave the people one
of the cleanest, one of the most economical and one
of the shortest sessions of the Legislature in years.
He was one of the fairest and most impartial presid-
ing officers in the history of the State.

In 1894 Mr. Sulzer declined a renomination to the
Assembly, and was nominated for Congress by the
Democratic party in the Tenth Congressional District,
which then formed a part of New York county, on
the ' ' East Side " — a strong Republican bailiwick.
That year there was a Republican " landslide " and
the Democratic party carried only five Congressional
districts north of Mason and Dixon's line. Three of
these were in New York city and one was Mr. Sulzer 's
district. Mr. Sulzer was elected by over 800 majority,
although David B. Hill, the Democratic candidate for
Governor lost the district by over 11,000. Two years
later Mr. Sulzer as a candidate for Congressman was
the only Democrat elected in his district, which he car-

Biography of William Sxjlzek vii

ried by three times the majority he received the first
time he ran. This was the year of William J.. Bryan's
first campaign as a Democratic candidate for Presi-
dent, and although Mr. Sulzer was a staunch sup-
porter of Mr. Bryan, the latter lost the Tenth Con-
gress District by over 17,000 votes while Mr, Sulzer
carried it by over 2,400. Four years later Mr. Mc-
Kinley running against Mr. Bryan the second time
carried the Tenth Congress District by 11,000, while
Mr. Sulzer was elected by over 5,000. In 1906 Mr.
Sulzer carried the district by over 11,000, receiving
75 per cent, of the entire vote cast. He. is the only
Democrat who has ever been able to carry the old
Tenth District since Cleveland carried it for Presi-
dent in 1892.

For eighteen years Mr. Sulzer was a member of
Congress. In that period lie was the author of more
than twenty-five distinct bills embodying progressive
legislation. One law passed, provided for the raising
of the battleship Maine ; a second law provided a light
for the Statue of Liberty in New York harbor ; a third
law increased the pay of the letter carriers of the
country. One of the chief laws framed and pressed
by him, created the Bureau of Corporations-^ by
which the anti-trust laws have since been enforced.
He was the author of and succeeded in passing a pen-
sion law for the orphans and widows of the deceased
soldiers and sailors of the Union army. He introduced
the bill to regulate the interstate commerce railroads;
the bill in behalf of victims of the disaster to the
steamboat " General Slocum; " a bill to restore the
merchant marine by giving preferential duties to
American ships ; a bill for federal aid in the construc-
tion of good national roads ; a bill to reduce the tariff,

viii Biography of William Sulzkh

especially on goods, wares and merchandise manu-
factured in tihe United States and sold cheaper in
foreign countries than here; a bill placing on the free
list meat, wood pulp, coal, lumber and white print
paper; a bill to establish postal savings banks; a bill
to establish a Department of Transportation ; a bill
to improve the Foreign Consular and diplomatic serv-
ice; and a bill prohibiting the sailing of any ship
from the United; States unless equipped with safety
devices.

He introduced and secured the passage of a resolu-
tion expressing sympathy with the Cuban patriots;
the resolution of sympathy for the Boers in their
heroic struggle to maintain their independence ; the
resolution of sympathy with oppressed Russian Jews ;
and the resolution abrogating the treaty with Russia,
because that government refused to accept passports
issued to Jewish citizens of this country. He also
introduced a resolution to make October 12th, a legal
holiday, to be called ' ' Columbus Day ; ' ' and he intro-
duced and secured the passage of a resolution con-
gratulating the people of China on the establishment
of a republic.

Mr; Sulzer wielded a large influence in Congress,
especially whien he became Chairman of the House
Committee on Foreign Affairs. He steadily opposed
any intervention in the affairs of Mexico. He stood
firmly for peace, and became the eloquent champion
of the rights of Latin America. He was the author of
the resolution to abrogate; the Russian treaty of 1832,
already referred to. It was passed by a vote of 300
to 1 — a memorial victory for the rights of American
citizens.

Reisolutions, of which he was the author, provided

Biography or William Sulzbb is

for an investigation of the corrupt sale of tlie New
York Custom House; started the movement for the
election /pf United States Senators by the direct vote
of the people ; originated the income tajc amendment
to the United States Constitution; brought about the
abrogation of the Bussian Treaty ; and the establish-
ment of the parcels post.: ,; :

Foremo:st among the lachieyements of Mr. Sulzer's
career in Congress was the passage in the House dur-
ing the session of 1912 of his bill establishing a
Departujent of Labor with a Secretary in the Cabinet.
Smiled at as a preposterous idea tea years agOj this
bill finally passed the lower House unanimously. Its
passage in the Senate followed,

The signing of this Departjiaent of Labor bill was
the last official act of President Taf t, and he did so on
the personal appeal of Mr. Sulzer. The bill was first
intrpdijeed by Mr, Sulzer in 1904, au^d was reintro-
duced and advocated by him in every Congress since
that time, i In support of the measure, on one occasion,
he thus addressed the House of Representatives:

" My bill for a department of labor is a meritorious
measure and it should be a law. It is the first bill ever
introduced in Congress to create a Department of
Labor. It is the first attempt to systematically
classify labor in an intelligent way that has ever been
presented in a bill in Congress, and its enactment into
law will evidence a disposition on the part of the Crov-
ernment to see to it that labor gets full recognition,
the dignity of having a voice in the couneils of State,
and the opportunity to have its plainja dispassionately
discussed. Give labor this boon and the ' labor ques-
tion ' will be reduced to the minimum.

' ' The expense of maintenance of the Department of
Labor will practically be but little more than the ex-

X BiOGKAPHY OP William Sulzek

pense for the maintenance of the various bureaus at
the present time. These bureaus will all be in the
Department of Labor. I do not think anyone Will take
exception to the bill on the ground that it is going to
increase the isxpenses of the Government. A few
thousand dollars in a matter of so much moment will
be of little consequence. I believe that if this bill were
on the statute books to-day it would be a long step
toward better social, economical, and commercial con-
ditions; a progressive advance along the avenues of
industrial peace; that it would go far to allay
jealousy, establish harmony, promote the general wel-
fare, make the employer and employee better friends,
prevent strikes, lockouts, blacklists, boycotts, and busi-
ness paralysis, and every year save millions and
millions of dollars of losses which result necessarily
therefrom.

" Capital as well as labor should favor this Depart-
ment of Labor, because it will go far to solve the labor
problem and bring about industriah peace. For years
this legislation has been advocated by the wage-earn-
ers of the country. The billmeets with their appro-
bation and has the' approval of the best thought in our
land. It has been indorsed by some of the ablest
thinkers, some of the wisest political economists, and
ihany of our leading newspapers. The tiihe is ripe, it
seems to me, for the creation of a Department of
Labor with a secretary having a seat in the Cabinet,
with all the rights and powers conferred by this bill.
It will bring' labor and capital closer together, and one
is dependent on the other. They should be friends —
not enemies — and walk hand in hand in the march
along the paths of mutual prosperity. This bill, if it-
becomes a law, will go far to prevent serious labor

^loaKAPHY OF William Sulzek xi

troubles in,tlie future, do much to solve existing labor
problems, and every friend of industrial peace gliquld
aid in its enactment. ,;Tlie employers, of, labor, as \vell
as the employees themselves, whether they belong to
trades unions or nofc^, are all, so far as I,hav^ been
able to ascertain, in. accord with the: principles of this
progressive legislation gj^id heartily approve of this
bill." , " , i.

It was not until 1912, however, that Mr. Sulzer .suc-
ceeded in having the bill favorably reported, and when
it came before the House it passed, \yithout a dissent-
ing vote.

After Mr. Sulzer 's election as Governor he returned
to Wasliington and spent about three weeks in Con-
gress— partly for, the purpose 'of- urging, the passage
in the Senate of his -bill creating a Department of
Labor. It passed the Sena.te:the latter part of J^eb-
ruary, 1913. ,

For two weeks prior to its passage friends of; the
measure were in frequent communication with Gov-
ernor Sulzer reporting its progress. On its passage
the Governor exchanged several telegrams and letters
with President Taft, urging him to give the measure
his official ' approval. In the Senate the bill was
slightly amended which made necessary its repassage
in the House, where it was in charge of Mr.,^ulzer's
friend, Congressman William B. Wilson, who has been
made Secretary of Labor by President Wilson.

Mr. Sulzer 's bill provides for three assistant Secre-
taries of Labor, the work of the Department being
divided as follows: Manufacturing and agricultural
industries; building of highways and transporta,tion
industries, including the telephone and telegraph busi-
ness; and the building and mercantile industries.

xii BlOGBAPHY OF WlLLIAM SxJLZEB

Bacb of the principal divisions of the Department of
Labor will liave a Bureau of Statistics to collect and
report at least once each year as to the conditions of
labor in each of the different industries. Special
attention will also be given to the collection and pub-
lication of statistics regarding the unemployed.

One prime object of the new Department of Labor
will be the establishment of Boards of Arbitration and
Conciliation to prevent strikes, as well as to prevent
labor disturbances among employees or corporations
doing an interstate commerce business.

Mr. Sulzer's record in Congress is a monument to
his indefatigable industry, and the enactment of pro-
gressive legislation along constructive lines.

In January, 1908, Mr. Sulzer married Miss Clara
Rodelheim, of Philadelphia, Pa'., and Mrs. Sulzer is as
democratic and as popular with the people as her dis-
tinguished husband.

Mr. Sulzer was elected Grovernor on November 5,
]912, by a plurality of 205,454, which was the largest
plurality ever given in tlie State of New York for any
candidate for Governor. He received 649,&59 votes as
the Democratic candidate, while Job E. Hedges, Ee-
publioan, received 444,105, and Oscar S. Straus, Pro-
gressive, 393,163. Mr. Sulzer's large plurality was the
more remarkable since Mr. Straus in his campaign
declared for the reforms of which Mr. Sulzer for many
years had been one of the leading advocates.

It will add to the interest of this character sketdi of
William Sulzer to describe some of his habits and re-
count some of his sayings which reveal him as a Gov-
ernor different in many respects from any who have
held office before him. During the campaign which
preceded his election he made few promises as to his
future policies. One of his oft repeated epigrams was

. BlOGKAPHY OF WiLiLIAM SuLZEK xiii

"An ounce of performance is worth a ton of promise."
And he pointed out that his record of legislative
achievement during five years at Albany and eighteen
years at Washington gave the best forecast of what,
principles would certainly guide him in administering
the office of Governor. •' The record of the past,"
he said over and over again, " is the best guarantee
for the future."

In many of Ms speeches he said ' ' when' I am elected
Gfovernor the latch-string of the door of the executive
office at Albany will always be on the outside, and it
will not 'be so high but that the lowliest can reach it,
and the humblest citizen of the State may come to
Albany and see the Governor and be treated with as
much consideration as the richest and most powerful. ' '

This promise which caused smiles of incredulity
with some who did not know the man who made the
promise has been carried out with a faithfulness that
has resulted in practices which have destroyed many
official precedents and rules of official procedure;
precedents and rules which have prevailed for many
years. It has been in some administrations the rule
that few could see the Governor except through an
appointment made with the secretary and to make
such an appointment was often difficult. Only persons
of distinction could get an appointment without first
stating the object of their visit and many who wished
to make such engagements were unable to show satis-
factory evidence that they themselves or the subject
of their visit, were of sufficient importance to merit a
personal interview with the Chief Executive.

Since Mr. Sulzer has been Governor all this is
changed. Man, woman or child, black or white, rich or
poor, high or low, everyone who wants to see the
Governor sees him and the richest and most powerful

Xiv BlOGBAPHY OF WiLLIAM SuLZEB

must wait and take their turn. This has caused some
remonstrances to which the Governor only replies " I
am a Democrat and must treat all alike."

So the Governor sees all his visitors in the large
reception room of the Executive Chamber. Many have
private conversations with him, seated by the side of
his big desk. But there are no secret interviews in the
so-called ' ' back office. ' ' This is the Governor 's work-
shop where he needs only his stenographer.

There was considerable comment when on Inaugu-
ration Day the customary military parade was omitted
and the Governor walked from the " People 's,Hp]ise "
to the Capitol to take the oath of office and deliver
his inaugural address. " I wish " wrote Governor
Sulzer to the Secretary of State, "that all the- ar-
rangements for my inauguration to be as simple, and
as economical, and as democratiq as possible." The
simplicity which characterized the inaugural cere-
monies has been paralleled; in many .ways in connection
with the Governor's daily life. The Executive Man-
sion has been rechristened " the People's House."
The public was : invited to the Legislative Reception
and the attendance was the largest, ever known.
Albany newspapers declared that 10,000 persons were
in attendance.

The rule: that the Governor must be attended when
receiving visitors at the Executive Chamber by either
his Military Secretary or his Private Secretary is
ignored. So is the rule that on the street and at pub-
lic functions one of his Secretaries shall always accom-
pany him. Sometimes the Governor is accompanied
and sometimes he is not. He prefers to go and
come alone. Several times he, has attended public
dinners in the. evening and afterward walked from the
hotel where they were given to his home. The G-0,v-

Biography of William Sulzer xv

ernor always walks to and from the Capitol. His life
and habits are simple in every way and democratic to
the extreme.

Not only does the Governor show his democratic
impulses and his disposition to keep closely in touch
with the common man by meeting 'personally as many
of his constituents as possible, but he keeps up a large
daily correspondence with persons from all parts of
the State, which makes his mail five times as volumi-
nous as that of any of his predecessors, and he prizes
highly not only letters of commendation, but also let-
ters -which contain words of counsel or criticism re-
garding public policies, appointments made, and legis-
lative measures advocated.

Mr. Sulzer is progressive in his ideas ; takes a broad
view of every question ; has few prejudices, and those
dnly against intrenched wrongs he wants to see
remedied. In his efforts for a common humanity he
knows no race, no creed, and no previous condition.
He is for man — that is all.

In his speech of acceptance. Governor Sulzer said :
" I will go into office without a promise except my
promise to all the people to serve them faithfully and
honestly and to the best of my ability. I am free,
without entanglements, and shall remain free. If
elected I shall follow the street called straight and the
Executive office will be in the Capitol. When I take
the oath as Governor I shall enforce the laws fear-
lessly and impartially, but with malice toward none.
Those who know me best know that I stand firmly for
certain fundamental principles — for liberty under
law; for civil and religious freedom; for Constitu-
tional government ; for the old integrities and the new
humanities; for equality before the ilaw; for equal
rights to all and special privileges for none; for the
cause that lacks assistance; against the wrongs that

xvi BiOGEAPHY OF William Sulzee

need resistance; and for unshackled opportunity as
the beacon-light of individual hope and the best guar-
antee for the perpetuity of our free institutions. No
influence will control me but the influence of my con-
science, and my determination to do my full duty to
all the people, as God gives me the light."

In his first annual message to the Legislature of
1913, Mr. Sulzer said:

" In view of the increasing expenditures in the ad-
ministration of State affairs, mounting higher and
higher each succeeding year, and necessarily imposing
onerous burdens on our taxpayers, I recommend genu-
ine retrenchment in every department of the State, to
the end that expenditures be kept down to the mini-
mum and taxation materially reduced.

" Unless this is done in a systematic way additional
methods must be devised to raise greater revenue. I
am in sympathy with the oppressed taxpayers of our
State and to the best of my ability, will aid you in
your efforts to lighten their burden. Nothing will
gratify me more than to be able to say to the people
when you adjourn that this Legislature was one of
the most economical in the history of the State, and
by its wisdom and economies wiped out every vestige
of direct tax.

" The way to stop waste and extravagance is to
retrench and economize. A cursory examination into
State affairs convinces me that many expenditures can
be stopped and efficiency promoted if every State
officer will clean house, stop waste, and practice every
economy consistent with good government and the
orderly administration of public affairs.

*' Let us do our best, day in and day out, to save
wherever it is possible, and make honesty, and sim-
plicity, economy and efficiency, the watchwords of our
administration of the people's business."

Biography of William Sulzee xvii

The Governor also said in his annual message that
many worthy citizens had suggested -to . him the ad-
visability of examining, through a Committee of In-
quiry, into every department of the State government
to ascertain where expenditures could be checked and
the money of the taxpayers saved. A few days later
he appointed John N. Carlisle, of Watertown; John
H. Delaney, of the Borough of Brooklyn, New York;
and H. Gordon Lynn, of the Borough of Manhattan,
New York, a Committee of Inquiry, to examine and
investigate the management and affairs of any and all
departments, boards, bureaus or eommissions in the
State. Thus for the first time in the history of the
State a Committee of Inquiry was established. The
Committee in its initial work recommended a decrease
in the proposed appropriations for certain depart-
ments. It followed up this action by an exhaustive
consideration of the sinking funds of the State, reach-
ing the, conclusion that there had been an excess of the
necessary accumulations for the support of the sink-
ing funds to the amount of $18,773,045.97. Comment-
ing upon the report Governor Sulzer said:

' ' This huge accumulation of unnecessary moneys
by thei I imposition of an inequitable tax year after
year is. the result of, poor business administration of
State affairs and would ultimately amount to a sum
of: money in excess of the requirements of the whole
amount of authorized bond issues of $234,'000',000. "

Still later the ; Committee of Inquiry stated that at
every turn in their examination of State affairs they
had noticed a lack qf system and method in the ad-
ministration of the business of the State, a wide de-
parture from anything like uniformity and an un-
scientific and wasteful absence of appropriate pro-
visions for the promotion of economy. With the view

xviii Biography of William Stjlzer

of remedying these evils the Committee of Inquiry
proposed the creation of a Department of Efficiency
and Economy ; of a State Board of Estimate ; of a
State Board of Contract and Supply ; and the passage
of a bill giving the State Comptroller ample powers
of auditing the accounts of all State departments.

Commenting upon the bills to carry out these re-
forms" Governor Sulzer said: " These bills meet my
approval and will now be introduced in the Legisla-
ture. They will put the administration of State affairs
on a business basis, I want to do that, and these bills
will do it. I trust they will promptly be passed. When
they become laws it will mean the saving to the tax-
payers of millions of dollars every year. ' '

In a message addressed to the Legislature early in
his administration. Governor Sulzer called attention
to the necessity of remedial legislation regarding stock
exchanges, treating of " manipulation," " concerted
movements to deceive," " short sales," " hypotheca-
tion of securities," "trading against customers'
orders," " usury," etc. Eleven bills were prepared
by the Governor and introduced in both Houses of the
Legislature to carry his recommendations into' effect.

The second week of his administration Governor
Sulzer appointed a special commission to collect facts,
receive suggestions and make recommendations as to
changes in the Public Health Laws and their admin-
istration. This special commission of eminent citizens
consisted of Hermann M. Biggs, M. D., chairman;
Homer Folks, secretary; John A. Kingsbury, assistant
secretary; E. E. Baldwin, M. D., W. E. Milbank, M. D.,
Mary Adelaide Nutting, John C. Otis, M. D., and
Ansley Wilcox.

" In five weeks," as Governor Sulzer said in a mes-
sage to the Legislature, " the comtoission collected a

Biography' op William Sulzee xix

surprisingly large amount of authoritative informa-
tion witli regard to public health work in the various
parts of the State, and submitted findings and recom-
mendations :of great interest for the improvement of
the laws relating to health." '

At a complimentary dinner given in his honor at
the celebrated Lotos Club, New York city, Saturday
night, February 8, 1913, Mr. Sulzer -spoke in part, as
follows :

"As many of you know, from reading the news-
papers, I have been a very busy man ever since I took
the oath of office as the Governor of the State. To tell
the truth I have been working on an average about
eighteen hours out of the twenty-four, and this is the
first public dinner, or reception, or entertainment, I
have been able to attend since the first day of January.
Being Governor of New York is no easy job — that is
if you want to be The Governor.

" The members of the Lotos Club are famous for
their knowledge of literature, and are familiar, there-
fore, with the advice Don Quixote gave his faithful
follower on ' How to be a Governor;' and the subtle
reply of that diplomatic individual when he said : ' He
would rather be Sancho Panza and go to Heaven, than
be a Governor and go to Hell.' Many people, I am
reminded daily, take the same view concerning' the
ultimate destiny of the Governor of the Empire State.
All of which goes to prove that although we live in a
progressive period, human nature is much the same.
now as it was in the days of the gallant Knight of
de la Mancha.

" Before 1 was elected I made up my mind, if Suc-
cessful, to be the Governor of all the people. I am
going to be. I intend to do the best I can, in my own
way, according to my own light, regardless of the

XX BlOGKAPHY OP WiLLIAM SuLZEK

political future, or of personal consequences, because
I know that the political future is uncertain^ and that
consequences are unpi tying.

"Long ago I made a vow to the people that if I
became Governor no influence would control me but
the dictates of my consqience and my determination to
do my duty day in and day out, as I see the right.
Have no fear. I shall stick to that.

' ' I stand now where I always have stood, and where
I always will standi for certain fundamental prin-
ciples — for freedom of speech ; for the right of .law-
ful assembly ; for the freedom of the press ; for liberty
under law; for civil and religious freedom; for consti-
tutional government; for equality and justice to all;
for home rule; for the reserved rights of the State;
for equal rights to every one, and special privileges to
no one ; and for unshackled opportunity as the beacon
light of individual hope, and the best guarantee for the
perpetuity of our free institutions.

' ' New York is the greatest State in the Union. It
should always be an exemplar of economical and .
efficient and progressive administration. As its Gov-
ernor I shall, in so far as I can, give the people of the
State, an honest, an efficieat, an economical and a busi-
nesslike administration of public affairs. I say busi-
nesslike advisedly, because I assure the business men
in every part of our State that they can rely on me at
all times to do my utmost to promote the commercial
interests of our commonwealth, il realize how impor-
tant they are, and shall always be exceedingly careful
to take no step that will jeopardize the financial and the
commercial supremacy of the first State in the
Republic.

' ' Suffice it to say that I am a friend of every business
whether big or little, so long as it is legitimate, and

Biography of William Sulzer xxi

will always have its welfare in view in the administra-
tion of State' affairs. To this end I shall continue to
work unceasingly for quicker and better transportation
agencies, and- for improved and larger terminal
facilities, in order that New York shall oontiltue to
receive her just share of the trade and the commerce
of the country. "'

" Whenevier in doubt, it is my purpose to confide
in the people, and I indulge the hope that when my
official term comes to an end I shall have accomplished
something to merit their approval, and to justify the
confidence they have reposed in the rectitude of my
intentions.

" That is all there is to it, and that is all there is to
say just now. I have little vanity. I want no glory —
no credit for doing my duty — no future preferment —
and when the ofiSce the people gave me goes back to the
people — to whom it belongs — to give to some other
man^I say again, and I say advisedly — I want to
retire frCm the misrepresentations and the disappoint-
ments of political life — to a little farm, by the side of
the road, and be the friend of man."

Mr. Sulzer is a hard worker — and puts in about
sixteen hours a day toiling for the State. He resorts
to no political arts or personal pretenses. He is just
a plain, common, every-day plodding, good-natured
citizen, sincere, square, and loyal in every fiber of his
manhood. He does not command support by subtle
influences, trickery, hypocrisy, self -advertising and the
command of wealth, like some others, but succeeds
solely through his brains, his intrepidity and his fidelity
to friends and to principles. He never had a press
agent. He never financed a publicity bureau. He
never paid for puffs. He does his work day in and day
out, year after year, quietly, modestly, confident the

Xxii BlOGKA-PHY OF WiLLIAM SULZEK

results will ultimately speak for themselves, and con-
scious of the fact that the knowledge of duty well done,
for duty's sake, and in the cause of freedom and
righteousness and humanity, is after all the best
reward and the most lasting recompense a puhlic
servant can have.

Mr. Sulzer has always been a very modest man con-
cerning his own achievements.: And yet the more the
people know about Mr. Sulzer the better they like him.
As the record of his achievements is unfolded the
greater and the grander stands out the man — the plain
man of the plain people — and they know him ^andthey
love liim — this man who does things for the people for
the intense love of doing them, and goes his way day
after day happy in the consciousness that there is work
to do, and that he is doing his share in Ms day and
generation to make the world better and happier as the
Master intended.

Grovernor Sulzer is a '' Commoner " through and
through. The more you know about him — the more
you see of him — the more you study him at close range
— the more you like him and the more you will appre-
ciate what he has done, and glory in his trials and his
triumphs. He needs no eulogy. His career of struggle
for higher and better things from a poor farm boy to
the Grovernorship of the greatest State in the Union
is an epic poem.

Mr. Sulzer is of large stature, standing over six feet
in height witli a weight of 185 pounds which he carries
with the grace of a trained athlete. He is abstemious;
has sandy hair and steel blue eyes that look straight
into yours, and read your innermost thoughts. During
the war with Spain he organized a regiment of volun-
teers and was elected colonel, but for political reasons
it was not, called into active service. Two of his

BlOGEAPHY OF WlLiLIAM SuLZEE XXld

younger brothers — a captain and a lieutenant — died
in the service of their country.

At a recent banquet of the Home Rule Conference
and Municipal Government Association of New York
State and the Legislative Committee of the New York
State Conference of Mayors, at the Hotel Ten Eyck,
Albany, N. Y., Thursday evening, March 13, 1913, Mr.
Sulzer said in part :

" The sentiment back of the demand for home rule
is the same sentiment that animated the patriotic
fathers in their heroic striiggle for Independence. It
breathes the spirit of the Declaration, and it voices
the aspirations of every lover of Liberty.

' ' No man is more in favor of home rule than I am.
It is a part of my political religion. I believe in local
self-government for village, and for town, and for
city, and for county; and I know that the people are
capable of self-government. A denial of this proposi-
tion is ail indictment of American intelligence and
patriotism.

' ' In my message to the Legislature I said : ' Let
us stand squarely for home rule and local self-govern-
ment— home rule for the State — for the reserved
rights of the State — against encroachments by tho
central government at Washington. Home rule for the
counties, and the cities, and the towns, and the village's
of the State, against legislative tinkering and inva-
sion. ' I stand for that. There will be no step back-
ward.

" I believe in local autonomy as a fundamental right.
The experience of years has taught us that many of the
evils the people want remedied ; that most of the tilings
the people want done; can be remedied, and can be

xxiv Biography of William Sulzeb

done, through local agencies^ without interference by
the National and State Legislatures.

' ' Let me urge the people to be firm at all times for
home rule; and for the rights of the people in their
respective communities to govern themselves polit-
ically, without legislative interference except when
absolutely necessary. In the future as in the past I
shall adhere to that without deviation. The people
ciin count on me, as the Governor of the State, not to
interfere with home rule in any locality if I can possibly
avoid it. If I do interfere, directly, it must be for the
general welfare, and then only in a case that rises
superior to local considerations and for the good of
the common weal.

" I am now, and ever have been, in accord with that
fundamental principle of American statesmanship
which asserts that the States in themselves are sov-
ereigns, and I stand unequivocally for their reserved
rights against the tendencies of centralization of the
Federal Grovernment. We know that the States are
divided into counties, and that each county, in so far as
possible, should have the right to govern itself iu civil
and political matters. For that reason, as the Gov-
ernor, I am determined to recognize the rights of the
counties in every part of the State through their dulj-
constituted officials and their electoral machinery.

' ' Then again, the counties have within their confines,
the villages, the towns, and the cities; and I want to
see the greatest amount of local authority concentrated
in the hands of the officials of these constituent part?
of the counties of the State.

"As Thomas Jefferson well said, ' If we are directed
from Washington when to sow and when to reap we
sh^ll soon want bread. ' If that applies to the seat of
the Federal Government in connection with the rights

BlOGRAPHV OF WllAIAM SuLZEE XXV

of the states, it applies ^\'itll greater force to the
seat of the State Government in connection with the
rights of the counties, the cities, the towns, and the vil-
lages of the State.

" We know that in the diversification of po'^er lies
the safety of the State. We cannot deliy the proposition
that one generation is as capaihle as another of taking
care of its own local aifairs and solving its own local
probteins. Ralph Waldo Emerson said: 'AH forms
of government are ridiculous except thoSe which men
make for themselves. '

' ' You remember Mark Twain once said, ' when in
doubt take a drink. ' My policy as Gk)vem6r is a little
different — when in dotfbt I shall confide in the people.
I enunciated that idea in rriy inaugural address, and
have been practising it now and then as occasion arises.
I know' the power of public opinion. I believe that all
the people are wiser than a few of thfe pfeople. PubKc
opinion is the safest guide for legislation as well as
political conduct. As the Bible salys: * In a multitude
of counsel there is much wisdom. " : : ' „

" Cities should be as free from interference from the
State as the States should be free ftom interference
by the Federal Grovemment. Municipalities should be
independent in matter's df purely local concern, and
they should have the right to adopt their own charter,
just as the people of the State have the right to adopt
their own constitution. Municipalities should have the
right to call a city charter convention the saiiie as the
people of the State have the right to call a constitu-
tional convention.

" The trouble with the cities is not too much
democrafcy but too little demoera cy. There is too muel i
State control. We need Home Rule to create city
democracies, like those of Athens arid'Rohle. It was

XXVI BlOGKAPHy OF WiLLIAM SULZER

freedom that inspired in these cities local patriotism
such as seldom has been equalled in all the annals of the
world.

" Home Rule is the demand on the part of the people
to be trusted — : trusted to govern themselves. Democ-
racy rather than class interest is becoming intelligent^
organized. With the growth of cities thej- are becom-
ing political units of great importance to the State.
The opponents of Home Rule distrust democracy, but
I do not fear the people. I fear special privileges.
Home rulers trust the people, their opponents fear
popular control.

" It is because, of the survival of old monarchial ideas
that our cities are not more independent. We proceed
on the theory, that the sovereignty which grants a city
charter is a power similar to that formerly wielded by
kings and emperors. It is a, concession apparently that
we grant to cities power to do this or that. But in a
republic such as ours the sovereignty resides in the
people. The electors are the so»vereigns. All just
governments obtain their powers ,from the consent of
the people.

"We have the highest authority for Home Rule.
Thomas Jefferson bplieved that the permanency of
our nation depended upon distribution of the powers
of government.

"The diversification of power is necessary for the
safety of the State. Home Rule is the aspiration of tho
progressive spirit of our times, which demands that
affairs of government shall be placed close to the
people and kept there. When legislation for a com-
munity is carried on at a distance remote public opin-
ion fails to properly influence that legislation.

" Public hearings are efforts to overcome this evil.
It is better to have our legislative body close to the

Biography of William Sulzer xxvii

community thaji to takie representatives of a com-
munity long distances to meet the Legislature.

" Let our cities be kept as free from State invasion
as the State is kept free from national interference.
As states adopt their own constitutions so should cities
adopt their own charters. The cure for the evils of
democracy is more democracy."

Mr. Sulzer, without doubt, is the best vote getter
to-day in the State of New York. He has always run
thousands of votes ahead of his ticket. He has never
been defeated. He is a man of the people and for the
people.

He is a 32d degree Mason, has held all the honors in
the craft, and years ago became a life member. He is
a member of Lloyd Aspinall Post, G. A. E. ; the Army
and Navy Union; the Eagles; the Pioneers of Alaska;
thef Arctic' Brotherhood; the National-Democratic
Club ; Manhattan; Club ; Press Club ; 'Masonic Club ; and
other social clubs in Washington and New York city.
His church aflSliations are with the Presbyterian
denomination. His most profitable reading has been
history, philosophy and political economy; and his
advice to young men is to work hard, cultivate good
habits, have a motive in life and a positive determina-
tion to succeed.

Mr. Sulzer is a very busy man, but his spare hours
are spent in writing a book on " Political Economy,"
which his friends believe will be a standard text-book
on economic principles. His rugged honesty, his loyalty
to liis friends, his fearles.s devotion to every duty, his
fidelity to principle, his ability as a champion of the
oppressed in every land and in every clime have made
his name a household word among the people of
America, and^f^as an apostle of freedom forever
enshrined him in the hearts of humanity.

xxviii BiOGBAPHY OF William Sulzee

Grovernor Sulzer was removed from office on October
17, 1913. The verdict of the court was no sooner pro-
nounced than plans were under way for a public demon-
stration of affection and esteem to the deposed Gov-
ernor, from the citizens of Albany. A meeting was
held the same night at the Ten Eyck hotel, and ar-
rangements were made for a presentation on the fol-
lo-ftdng night of a loving cup, which was inscribed as
follows : :

PRESENTED

TO

HON. WILLIAM SULZER

BY

THE CITIZENS OF ALBANY

IN LOVING REMEMBRANCE OF DUTIES
WELL PERFORMED

A MARTYR TO THE CAUSE OF HONEST
GOVERNMENT

OCTOBER 18TH, 1913.

'-}

It is estimated that at the ceremonies, at the execu-
tive mansion, in connection with the presentation of
this cup, between 8,000 and 10,000 persons were in
attendance.

On Monday morning, Octdber 20th, a committee of
citizens from the' 6th Assembly district in New York
City called on Mr. Sulzer, to urge his acceptance of a
nomination for Member of Assembly from that district.
He accepted and was elected by a majority of almost
tw"ti to one Over the candidate who received the neit
highest number of votes;

Biography of William Sulzee xxix

The campaign was pronounced one of the most re-
markable in the history of the State. The intense
enthusiasm displayed at every meeting at which the
Grovernor appeared was unparalleled. In the neighbor-
hood of every meeting place the streets were choked
with cheering men and women, who for blocks crowded
the sidewalk, and the streets themselves, from curb to
curb.

The election was regarded not only as a vindication
of Governor Sulzer, and a condemnation of the court of
infamy which removed him from office, but also as a
vote of approval of what the Governor did and tried to
do in behalf of honest government and to promote the
rule of the people.

Mr. Sulzer 's candidacy did much to promote the elec-
tion of John Purroy Mitchell as Mayor, for it em-
phasized the issue of corrupt bossism in a most pro-
nounced way. The speeches of Mr. Sulzer and those of
John A. Hennessey were the central features of the
campaign. The people of New York city knew bossism
as an evil, rank, greedy and arrogant. It had always
been reaching out for power through the control of
conventions and elections, but when Governor Sulzer
showed its shameless audacity in removing from a
great office, one whom it could not control, he aroused
the sentiment that led to the ignominious defeat of
almost every Tammany candidate and Mr. Mitchell was
elected mayor by a plurality of over 121,000, the largest
ever given a mayoralty candidate in New York city.

I

INAUGURATION

INAUGURATION

William Sulzer was inducted into office as Governor
of the State of New York at noon on January 1, 1913.
The ceremonies of his assumption of office were held
in the Assembly Chamber of the State Capitol in
Albany. Mr. Sulzer had walked to the Capitol from
the Executive Mansion in company with the Hon. John
A. Dix, tlie retiring Governor of the State. The cere-
monies began with prayer by the Rt. Rev. T. M. A.
Burke, Bishop of the Roman Catholic diocese of
Albany; who invoked Divine favor " in behalf of him
whose fellow citizens had seen fit to make the Governor
of this great Empire State in order that he may attain
eminent success in the wise, fearless and diligent ad-
ministration of the affair's of this sovereign State."
Mr. Dix then welcomed Mr. Sulzer to the office of
Governor. Mr. Sulzer was thereupon sworn into office
by the Hon. Mitchell May, Secretary of State, who
then presented him to the audience as " the Governor
of -the State of New York."

Governor Sulzer addressing the audience, then said :

Fellow Citizens : — I realize to the fullest extent the
solemnity of the obligation I have just taken as the
Governor of New York. Conscious 6t my own limita-
tions I keenly appreciate the responsibilities it entails.

Grateful to the people who have honored me with
their suffrages, I enter upon the performance of the
duties of the office without a promise, except my pledge
to all the people to serve them faithfully and honestly

[5]

6 Public Papers of Goveenok Stjlzeb

and to the best of my ability. I am free, without en-
tanglements, and shall remain free. No influence con-
trols me but the dictates of my conscience and my
determination to do my duty, day in and day out, as
I see the right, regardless of consequences. In the
future, as in the past, I will walk the street cajled
straight, and without fea,r and .without favor I shall
execute the laws justly a,nd impartially — ^with malice
toward none.

Those who know me best know tha;t I stand firmly
for cei'tain fundamental principles ^^ for freedom of
speech; for the right of laAvful assembly; for the free-
dom, of the press; for liberty under law; for civil, and
religious freedom; for constitutional government ; ior
equality and justice to, all; for, home rule, and the re-
served rights of the State; for equal rights to every
one, and special privileges to no. one; and for un-
shackled opportunity as the beacon light of individual
hope and the best guarantee for the perpetuity of our
free institutions.

New York is the greatest State i-n the Union. It
should always stand as an (exemplar of economical
and efficient and progressive administration. As its
Governor I shall, in so far as I can, give the people of
the State, an honest, an efficient, an economical and a
business-like administration of public affairs. I say
business-like advisedly^ because I assure the business
men in every, part of the ;State that they can rely on
me at all times to do my utmost to promote the com-
mercial interests of our commonwealth. I realize how
important they are,, and shall always be exceedingly
careful to take no step that will jeopardize the financial
and the commercial supremacy of the first State in
the Republic.

iNAUetUBATION: 7

..y Suffice it to say that I am a friend of every business,
whetlier big or little, so long as it is legitimate,- and
will always Jiave its welfare in view in the administra-
tion of State affairs. To this end I shall work un-
ceasingly for quicker and better transportation agen-
cies, and for improved and larger terminal facilities,
iur order that New York shall icontinue to ; receive
her just share of the trade and the commerce of the
country. • jj

It is my .purpose to be the Governor of all the people,
and, in so far as possible, to follow in the footsteps of
Silas Wright in the honesty and the simplicity of my
administration; and to the best of my ability try to
emulate the example of Samuel J. Tilden in my efforts
for progressive reforms along constructive and con-
stitutional lines. f 0^ ^«<
jji Let me ask all to be patient and charitable. To avoid
mistakes I must go slow. It is better to be sIoav than
to be sorry.

I know that I am human, and that I shall make mis-
takes in human ways. Being human I believe in the
welfare of my fellow man, and whatever concerns the
good of humanity appeals to me, and will ever have my
constant care and earnest consideration.

Whatever I do as Governor will always be open to all
and above board. I shall confide in the people, and I
indulge the hope that when my official term, this day
begun, comes to an end, that I shall have accomplished
something to merit their approval, and to justify the
confidence they have reposed in my intentions. Hence
I shall promise little, but work unceasingly to secure
the things now demanded by the people. They know
an ounce of performance is worth a ton of promise,
and they will judge my administration not by what I
say now but what I do hereafter.

8 Public Papers of GoVeknor Sulzee

The hour has struck, and the task of administrative
reform is mine. The cause is the cause of the State,
and is worthy of the zealous efforts of any man. I
grasp the opportunity the people now give me, and
am resolved to shirk no responsibility; to work for the
welfare of the people; to correct every existing abuse;
to abolish useless offices, and wherever possible con-
solidate bureaus and commissions to secure greater
economy and more efficiency; to uproot official corrup-
tion and to raise higher the standard of official integ-
rity; to simplify the methods of orderly administra-
tion; to advance the prosperity of all the people; to
be ever dissatisfied with conditions that can be im-
proved; to promote the common weal; to guard the
honor, and protect the rights of the Empire State;
and last but not least to reduce governmental expendi-
tures to the minimum, and thus lessen as much as
possible the heavy burdens of taxation.

II

PROCLAriATIONS

II

PROCLAMATIONS
Upon the Death of Frank S. Black

.. - :i PROCLAMATION

State of New York — Executive Chambek

New York mourns tlie death of one of her most dis-
tinguished citizens.

Frank S. Black who was Governor in 1897 and 1898
was a man of much intellectual and moral power. He
will be recognized by future historians as a Governor
who showed in all respects those qualities which entitle
him to rank as a real state^mq.n.

In ea,rly life he had only those advantages which
come from the possession of an indomitable will firmly
set to overcome every obstacle in the pathway to
success. He commenced with the lowest round and
cliipbefl to the top of th,e, ladder of fame. As a boy
upon his father's rock-bound farm in Maine; as a
student in Lebanon Academy, wheJre he was known as
an able debater ; as a student in Dartniouth College,
where he won distinction as a public speaker ; as an
editor of a' country weekly iii Johnstown, Fulton
county; as k la^^^et in Troy, wherehe became h leader
in the movement for ballot teform; as a, member of
Congress, where he took an a'ctiVe position ; and as one
of New York's commanding Governors he showed
ability of a high order.

In his dealth our State loses a distinguished son, and
our country a patriotic citizen.

In order to appropriately express in behalf of the
people respect for the public services' of Frank S-

12 Public Papers of Governor Sulzer

Black, I, William Sulzer, Governor of the State of New
York, request that the flags upon all public buildings,
including armories and arsenals, be displayed at half-
mast until and including the day of his funeral; and
that the Legislature of the State and all its citizens
unite in paying suitable respect to the memory of a
former Governor who was true to the best traditions
of the State.

Given, under my hand and the Privy Seal of the

State at the Capitol in the city of Albany,

[l. S.J this twenty-second day of Maiich in the year

of our Lord one thousand nine hundred and

thirteen.

(Sig-ned) WM. SULZER
By the Governor:

Chester C. Platt

Secretary to the Governor

Disaster of Flood in States of Ohio and Indiana
PROCLAMATION

State op New York — Executive Chamber

A terrible disaster of flood unparalleled for years
in its destruction of hujman life and property has dev-
fistated the States of Ohio and Indiana. Tho^san^ of
lives and millions of dollars of property have been de-
stroyed and othpj" thousands of our fellow citizens are
rendered homeless and destitute. The magnitude of
the calamity appeals to all and makes it imperative
that aid should be rendered immediately to the
sufferers.

As Governor qf the State of New York, and Presi-
dent of the New York St^te Board of The American

Proclamations 13

RedtUross, I appeal to the people of the State of New
Yoi'k to extend relief and render such financial help
as they can to the best of their means and ability.

Cbntributions in the form of money, clothing and
other essentials should be sent to Jacob H. iSchiff,
Treasurer of the New York State Board of The Ameri-
can Red Cross, 52 William street, New York City; or
to Miss Mabel T. Boardman, Chairman of the National
Board of The American Red Cross, Washington^ D. C.

Given under my hand and the Privy Seal of the

State at the Capitol in the city of Albany,

[l. s.] this twenty-sixth day of March in the year

of our Lord one thousand nine hundred and

thirteen.

( Sighed) WM. SULZBR
By the Governor :

Chester C. Platt

Secretary to the Governor

Proclamation and Statement by the Governor

In Regard to Repealing the Exceptions and Limitations
on Taxable Transfers, and in Relation to Franchise
Tax and Credit on Account of Purchase of State
Bonds

PROCLAMATION

State of New York — Executive Chamber

To All' Concerned — ■ Particularly Those Who Are
Holders of, or Intend to Purchase State Bonds .

Whereas, By chapter three hundred and fifty-six,
and chapter three hundred and fifty-seven of the laws
of nineteen hundred and thirteen, certain alleged ex-

14 Public Papers of Govbrkob Sulzbb

emptiojis and advantages are given to certain State
bonds ; and

Whereas, It has been deemed expedient in the inter-
est of the G-eneral Welfare, to repea/1 such alleged ex-
emptions and advantages given by said laws, at the
earliest opportunity ; and

Whereas, To that end it is my purpose to call the
, Legislature of the State of New York in Extraordinary
Session, for the purpose, ahiong others, of repealing
the said laws ; and

Whereas, Certain holders of State bonds and
certain citizens about to invest in such State obliga-
tions may deem the said alleged exemptions and
advantages to be continuous and permanent.

Now, Thereeore, I, William Sulzer, Governor of
the State of New York, to the end that all persons may
have no misunderstanding regarding the force and
effect of chapters three hundred and fifty-six and three
hundred and fifty-seven of the Laws of nineteen hun-
dred and thirteen :

I Do Hereby Proclaim that bills will be introduced
at an Extraordinary Session of the Legislature,
shortly to be called, to repeal said chapters ttree hun-
dred and fifty-six and three hundred and fifty-seven
of the Laws bf nineteen hundred and thirteen.

Given under my hand and the Privy Seal of the
State, at the Capitol in the city of Albany,
[l. s.] this sixth day of May, in the year of our
Lord one thousand nine hundred and thir-
teen.

(Signed) , WM. SULZER
By the Governor :

Chester C. Platt

Secretary to the Governor

ProcjoAMations 15

Statement by Governor

May 6, 1913 J

" On April 24, 1913," said Governor Sulzer, " at
the request Of tlie (acting^ State Comptroller, Mr.
Walsh, and on his advice that the measures were in
the interest, and to the advantage, of the finances of
the State, I approved as chapters 356 and 357 of the
Laws of 1913 ' an act to amend the Tax Law, in rela-
tion to exceptions and limitations on taxable trans-
fets;' and ' an act to amend the Tax Law, in, relation
to franchise tax and credit on account of purchase of
State bonds.' »■ v» ^i^.oi.

' ' On April 28, 1913, ' after a conference between
Deputy State Comptroller Walsh, Mr. Lawson Purdy,
chairman of the Board of Tax Commissioners of the
City 'of' New York, aiid several other citizens of New
York and State officials, I caused to be prepared and
introduced into the Legislature, two separate bills re-
pealing chapters 356 and 357 of the Laws of 1913 ; and,
to assist their enactmentj'I ^ent emergency messages
to both the Spnate and. the Assembly.

" The repealing measures' were introduced by Sen-
ator Wagner in the Senate on April 28, 1913, and
passed the Senate. -nP' Hno nrft "ii ^l iffn

' ' They were received in the Assembly, and although
I was informed on Saturday afternoon that they had
been passed in the 'Assembly,*- it is now established
that wholly through oversight these bills fiailed of
passage by the Assembly. ' ^ni'f*

"I am convinced that in order to ereate a ready
and quick market for State bonds, it is :iecessary to
make some change in the rate of interest which they
bear and I had hoped that the Legislature, with the
assistance of my emergency messages, would 'have
passed the Wagner bills, introduced at my request, as

16 Public Papbbs of GoveeNob Sulzeb

well as a law permitting a higher rate of interest on
State bonds, which may be issued in the future.

" Under the circumstances, it is my intention to
cause the two Frawley laws to be repealed at the
Special Session of the Legislature, which I intend to
call at an early date.

"To that end that investors and purchasers of the
State bonds may not be misguided, by reason of the
fact that the Wagner repeal bills did not pass the
Assembly at this session, I have prepared- and issued
a proclamation to advise all concerned, and particu-
larly those who may propose to invest in New York
State bonds, that the provisions of chapters 356 and
357 of the Laws of 1913, will undoubtedly be repealed,
and any supposed advantage accruing to these State
bonds by reason of such laws will speedily be taken
away. ' '

Convening the Legislature in Extraordinary Session
PROCLAMATION

State of New Yoek — Executive Chamber

Pursuant to the power vested in me by section 4 of
article IV of the Constitution, I hereby convene the
Legislature in Extraordinary Session at the Capitol
in the city of Albany on Monday, the 16th day of
June, 1913, at half -past eight o 'clock, post meridian.

Given under my hand and the Privy Seal of the

State, at the Capitol in the city of Albany

[l. s.J this eighth day of May, in the year of our

Lord one thousand nine hundred and thir-

**®"- (Signed) WM. SULZER

By the Governor :

Chester C. Piatt

Secretary to the Governor

PEOCLAMATIOlUrS 17

Designating Saturday, June 14, 1913, as Flag Day

PROCLAMATION

State of New York — Executive Chamber

I, William Sulzer, Governor of the State of New
York, by virtue of the authority vested in me, do
hereby designate and appoint Saturday, the fourteenth
day of June, of the present year, as Flag Day, and I
suggest that suitable exercises be held by our patriotic
citizens and by those in charge of the public schools,
for the purpose of fittingly commemorating the one
hundred and thirty-sixth anniversary of the adoption
of the flag of the United States.

The vote of the Continental Congress, on June 14,
1777, during the first year of the existence of the
United States reads thus: " Resolved that the flag
of the thirteen United States be thirteen stripes alter-
nate red and white on a blue field representing a new
constellation. ' '

Its thirteen stripes represent the thirteen States
which joined in making that declaration. The stars
represent the sovereign States. The fact tJiat New
York was one of these original thirteen States is the
proud heritage of all her citizens, and all our people
are justly proud that she is now one of the forty-eight
States for whom the flag stands as the symbol of unity
and of national glory.

We should ever remember that the flag of our coun-
try typifies all that we are, and all that we hope to be
— the greatest and the grandest Republic on earth.

In remembrance of all we owe the Flag of the Union ;
in gratitude to the men who saved the Union; and in
reverent thankfulness for the lives of all patriots, let

18 Public Papbks of Govekwob Sulzeb

civic pride take a higli place in this year's flag observ-
ance. .,) ; ;.: : ;

Tile flag that floats over our land forever speaks of
service for the common weal and signals forth our
civic ideals.

Therefore I ask the people of New York, so far as
may Ije practicable, to display the National emblem
over their homes and places of business, on the day
above appointed, and I hereby direct that the flag be
displayed on all public , buildijigs in the State.

All honor to our flag which waves for all our citizens
guarding "Life, liberty, and the pursuit of happiness ;"
— the emblem of our united country — outshining the
splendor of any republic of ancient or modern times.
Given under my hand and the Privy Seal of the
State at the Capitol in the city of Albany,
this 12th day of June, in the year of' our
[l. S.J Lord one thousand nine hundred and thir-
teen, and of the Independence of the United
States the one hundred and thirty-seventh.
(Signed) WM. SULZEE

By the Governor:

Chester C. Platt
' _ Secretary to the Governor

Ill

PART 1

MESSAGES TO THE LEGISLATURE

Ill

MESSAGES TO THE LEGISLATURE
Session Began January 1; Ended May 3'

ANNUAL MESSAGE

State of New Yobk — Executive Chamber

Albany, January 1, 1913.
To THE Legislature :

In compliance with the niandate of the Constitution
I communicate — by this message — the condition of
the State, and hereby recommend to you such subjects
as I now judge expedient and deem to be of immediate
moment.

The Legislature

It is gratifying to me that jthe Legislature ha? so
speedily organized, is ready for work, and that your
honorable bodies are in political accord with the
Executive. I indulge the hope that your session will
be short, efficient, economical, beneficial to the State,
and that we shall work in harmony for the best inter-
ests of all the people. We are charged with the respon-
sibilities, and we must meet in a patriotic way the ju,st
expectations of our constituencies. The opportunity
is ours, and I shall labor with you to redeem every
pledge we have made, and to make this session of the
Legislature memorable for fruitful results in our
legislative annals.

The State

The importance of your duties cannot be over-
estimated. Our State is the greatest in the Union.
The people whom you represent are greater in nunaber

[21]

22 Public Papers of Governor Sulzer

than the population of our entire country a century
ago, and their diversified interests a thousand times
more extended and complicated. To-day our State
possesses more than a twelfth part of alL the wealth
of the Republic, and contains about one-tenth of the
population of tlie entire country. Let us do all in our
power to advance her material interests and promote
her agricultural and coijamercial supremacy.

REPoiiTS OP Departments

It is my desire that this message "be as brief as is
consistent with the importance of a communication of
its character, and I shall supplement it at frequent
intervals with further messages, making Such addi-
tional recommendations as the circumstances may re-
quire and the facts appear to demand. For detailed
information concerning the work of the departments
of the State I respectfully refer you to particular' re-
ports presented to the Legislature concurrently with
or shortly to follow this message. These voluminous
reports have so increased in recent years that to devote
to each subject matter but a brief space would enlarge
this communication far beyond the purpose of my
present intention. However, I doubt not you will give
them, as I intend to do, the careful examination and
the earnest consideration they immediately require
and properly deserve.

Finances
The transactions of the treasury during the fiscal
year ended September i30, 1912, are summarized in the
following statement:

Balance of cash on hand September 30, .1911 $20,185,392 16

Messages to the LEGisiATUEfi 23

General Fund
Receipts (including trarisfers between funds).
Direct State tax and special tax for

court expenses $6,326,823 13

Excise taxes 9,412,363 84

Corporation tax 10,349,164 76

Organization of corporations 472,959 81

Transfers (inheritance tax) 12,153,188 84

Stock transfers (stamp tax) 3,653,037 24

Secured debt tax 1,411,567 60

Mortgages 1,852,324 45

Motor vehicles 1,053,762 25

Other sources 3,351,214 16

Total, General Fund $50,036,406 08

Canal Fund 29,749,708 74 '

Highway Improvement Fund 8,423,897 19

Saratoga Springs Resen'ation Fund. 565,000 00

Trust Funds , 1,351,371 49

Transfers between funds 5,919,947 16

Total receipts $96,046,330 66

. ; , : . , $116,231,722 82

, . Ejtpenditures (including transfers between funds).

For the support of State government,

maintenance, construction and

betterments of institutions and

maintenance and repairs of canals

and highways $39,234,118 99

Saratoga Springs State Reservation

Fund 17,870 27

Canal Fund ." 25,824,526 89

Highway Improvement Fund 8,486,734 61

Saratoga State Reservation Fund. . . . 347,970 22
Palisades Interetate Park Debt Sink-
ing Fund 100,000' 00

Trust Funds 417,617 21

Transfers between funds 5,919,947 IG

Total expenditures 80,348,785 35

Balance of cash on hand September 30, 1912 $35,882,937 47

24 Public Papers of Gqvkenok Sulzer

State Debt
On September 30, 1911, the funded debt of the State

was $79,730,660 00

During the liscal year ended September 30, 1912,
there were issued the following bonds :
For canal construction and terminals. $25,407,000 00

For highway construction 8,000,000 00

For Saratoga Spring-s State Resen-a-
tion ■ . . 565,000 00

Total $33,972,000 00

Less :

Canal bonds redeemed 4,000,000 00

29,972,000 00

Making a total funded debt of $109,702,660 00

Against which sinking funds have been provided
amounting to 25,252,085 38

Leaving a net debt unprovided for on September 30,
1912, of $84,450,574 62

Sinking Funds
Comparative statement of sinking funds' require-
ments, showing large increase necessary to provide

for payment of increased debt :

Fiscal year ended September 30,
1912. 1913. *1914.

Canal Debt Sinking
Funds $2,257,044 88 $4,442,263 33 $5,434,332 07

Highway Debt Sink-
ing Funds 1,755,607 02 2,077,832 84 3.320,026 42

Palisades Interstate
Park Debt Sinking
Funds 126,515 97 137,787 32 137,787 32

Saratoga Springs

, State Reservation
Fnnd 150,100 00 129,500 00

$4,139,227 87 $6,807,983 49 $9,022,245 81
• Estimated.

Messages to the Lbgislattjbe 25

Election by the People of Senatoes in Congress
The Sixty-second Congress, in the second session,
in both houses passed the following proposition to
amend the Constitution of the United States, by a con-
stitutional majority of two-thirds thereof, in "words
following, to wit:

Joint Resolution of Congress Proposing an Amendment
to Ihe Constitution Providing that Senators shall be
Elected by the People of the Several States

-" Eesolved, By the Senate and House of Represen-
tatives of the United States of America in Congress
assembled (two-thirds of each house concurring
therein). That in lieu of the first paragraph of section
3 of article 1 of the Constitution of the United States,
and in lieu of so much of pa;ragraph 2 of the same sec-
tion as relates to the filling of vacancies, the following
be proposed as an amendment to the Constitution,
which shall be valid to all intents and purposes as part
of the Constitution when ratified by the Legislatures
of three-fourths of the States :

' ' ' The Senate of the United States shall be com-
posed of two Senators from each State, elected by the
people thereof, for six years; and each Senator shall
have one vote. The electors in each State shall have
the qualifications requisite for electors of the most
numerous branch of the State Legislatures.

" ' When vacancies happen in the representation of
any State in the Senate, the executive authority of
such State Shall issue writs of election to fill such va-
cancies : Provided, that the Legislature of any State
may empower the Executive thereof to make tempo-
rary appointments until the people fill the vacancies
by election as the Legislature may direct.

26 Public Papbes of Govebmob Sulzee

" ' This amendpient shall not be so oonstriued as to
affect the election or term of any Senator chosen be-
fore it becomes valid as part of the Constitution.' "

Its Ratification

This amendment of the Constitution of the United
States should be immediately ratified. In moy opinion
the people of our State are in favor of the election of
United States Senators by a direct vote. I favor this
change in the Federal Constitution, as I shall every
other change that will restore the government in the
control of the peoj)le. I want the people, in fact as
well as in theory, to rule this great Eepublic and the
government at all times to be responsive to their just
demands.

The People Can be Teusted

The people can and ought to be trusted. They have
demonstrated their ability for self-government. If the
people cannot be trusted, then our governnoient is a
failure, and the free institutions of the fathers doomed.
We must rely on the people, and we must legislate in
the interests of all the people and not for the benefit of
the few.

To-day forty-eight United States Senators can pre-
vent the enactment of a good law or the repeal of a
bad law. This is too much power for forty-eight men
to have in a free government of a hundred million of
people unless they get the power directly from the
people. The Uijited States Senate is the most power-
ful legislative body in the world and its members
should be elected by the people of the country just the
same as the Representatives in Congress are elected.
This is of the utmost importance to the country, be-
cause when the Senate is directly responsible to the

Messages to the Legislatuee 27

people they will control it;. and. then, and not till then,
will that august body respond to the will of the people.

High CoSt of Living

For more than teii years the. increasing cost of liv-
ing, mounting higher ,and higher each succeeding year,
has been the most immediate, the most pressing and
the most universally observed fact about economic
conditions in this country. While wages have re-
mained practically the same the cost of the necessaries
of life has grown more and more oppressive, until to-
day the average man in our State^ with a family to
support, has about all he can do to make both ends
meet. I earnestly direct your careful consideration
to this important matter concerning the people, and
recommend that you^ take such action in the premises
as you deem just and wise to reduce the high cost of
the necessaries of life in order to make living less a
struggle for physical existence.

Woman 's Sufpkage , . ,

In accordance with tile pledge made to the people in
the recent campaign I recommend that th« Legislature
declare in favor of submitting to the voters of the
State, as soon as possible, the Woman Suffrage Con-
stitutional Amendment.

Electobal Refoem

The reformation of our electoral laws is an import-
ant matter, and I recommend to your favorable con-
sideration amendments to existing laws, wherever ex-
perience has demonstrated that changes are necessary,
to improve their effective operation, to facilitate inde-
pendent nominations, and to decrease the expenses of
elections.

28 Public Papers of Goveknoh Svlzer

Direct Primaries

We are pledged to the principle of Direct Primaries,
State-wide in their scope and character, and I urge the
adoption of such amendments to. the existing primary-
law as Avill simplify the procedure and make complete
and more effective the Direct Primary system of the
State.

GONSEEVATION

The question of the conservation of the natural re-
sources of the State, and their development and utili-
zation for the benefit of all the people, is a matter of
vital importance to our commonwealth, and demands
the most careful consideration at your hands. We
should favor the preservation of our forests by intelli-
gent forestry legislation. We should protect our water
sheds, and utilize to the utmost our numerous rivers as
they flow from the hills to the sea. This is the plain
duty of the hour, and if we neglect it we invite the flood
and create the desert.

As a people we have always been proud -of our abil-
ity to accomplish results. We have long boasted of
our magnificent heritage -of natural resources. We
liave done many things to advance material civiliza-
tion, and we have done them well. During the first
period of development we directed our physical ener-
gies and intellectual abilities toward developing the
natural resources of the land. In our haste to achieve
immediate results we often were wasteful of the wealth
that then seemed inexhaustible. When the forests
were laid waste, and the game vanished from our bor-
ders ; when our lakes and rivers began to shrink, and
the verdure of the prairies was parched from droughts
or submerged by floods ; when the power problem be-

Messages to the Legislature 29

came more insistent, and the people demanded its
iitilization, then and not until then did we turn our
attention to conservation.

Value of Human Life

As we study the different phases of the problem a
deeper appreciation of relative values demonstrates
that the most fundamental element in true conserva-
tion is the preservation of human life. If Americans
would excel other nations in commerce, in manufac-
ture, in science, in intellectual growth, and all other
humane attainments, we must first possess a people,
physically, mentally and morally fit and sound.

Any achievement that is purchased at the continued
sacrifice of human life does not advance our material
resources but detracts from the wealth of the State.
The leaders of our civilization now realize these fun-
damental truths, and the statesmen, the scientists, and
the humanitarians are endeavoring more and more to
protect human life, and to secure to each individual not
only the right to life, but the right to decent standards
of living. We have had to change old customs and
repeal antiquated laws. We must now convince em-
ployers that any industry that saps the vitality and
destroys the initiative of the workers is detrimental to
the best interests of the State and menaces the general
welfare of the government.

We must try to work out practical legislation that
will apply our social ideals and our views of industrial
progress to secure for our men, women and children
the greatest possible reserve of physical and mental
force. I hold it to be self-evident that no industry has
the right to sacrifice hupian life for its prpfit, but that
just as each industry must reckpfl. in its cost of pro-

30 Public Papers op Goveenok Sulzeb

duction the material waste, so it should also count as
a part of the cost of production the human wa:ste which
it employs.

Workmen's Compensation Laws.

Many of our States have enacted wot-kmen's com-
pensation or insurance laws. The production of our
wealth in a large measure' is a tribute to the ability
and the efficiency of the workers. It is only just then^
that those who do the work should receive an equitable
share of that which they have helped to produce. No
compensation is fair which does not secure to each
worker at least enough to permit him, or her, decent
standards of life. The workers themselves have .not
always been able to secure such compensation for
themselves. Particularly has this been true of women
and children in whom the State should take an especial
interest. To secure for these less accustomed to the
competitive struggle, protection that other workers
have won for themselves through organization, we
should carefully consider the establishment of wage
boards with authority to fix a living wage for condi-
tions of work below which standards no industry
should be allowed to continue its operations. Massa-
chusetts has enacted such a law. Ohio recently adopted
a cbnstitutional amendment authorizing the State
Legislature to do the same.

Protection to Child Life

For the welfare of the State child life must be pro-
tected. Not only should the child be guaranteed the
right to be born equal, but it must be given the chanc6
to live, to grow, to learn, and to develop into useful
and patriotic citizenship. The wofk period must not

Messages to the Legislatuke 31

be permitted to infringe on the foi*mulative and the
maturing period. Compulsory edueational laws and
restrictions upon child labor, properly enforced, will
secure to every child of the State its rightful heritage.
This development period will enhance national prog-
ress and aid civilization. The niatured developed
worker will bring to industry greater ability and re-
sourcefulness. No business has an inalienable right
to child labor. No industry has a right to rob the
State of that which constitutes its greatest wealth.
No commerce that depends on child labor for its suc-
cess has a right to existj Let us do what we can to
protect the children of; the State atid preserve their
fundamental rights.

Safety Standards

Another type of legislation beneficial to the State,
that aims to conserve human life and health, is that
which requires the use of safety appliances and estab-
lishes safety standards. Human life is infinitely more
valuable than the profit of material things. The State
for its own preservation has the right to demand the
use of safer and more hygienic methods, even if at
greater cost of productioiii to the employer. Occupa-
tional diseases should be studied, and the results of
careful investigation embodied in laws to safeguard
the health and the lives of the workers.

Practical results of such legislation prove that these
regulations are a good investment. Employers find
that it pays to have healthy, vigorous, resourceful
workers, who are well fed, well housed, and not -over-
worked. Statistics prove that the welfare of ^ the
worker is indissolubly involved in permanent indus-
trial progress.

32 Public Papers of Governor Sulzer

Municipal Museums

One of the most practical and permanent aids in
conservation of human resources is the establishment
of municipal museums of safety and government re-
search and investigation such as is carried on by the
Federal Bureau of Mines. In these museums can be
gathered and seen the results of the latest and best con-
clusions of inventors, workmen and employers. So that
those seeking information and help can secure it most
quickly and with least expense. This study to safe-
guard the life, body and health of the worker, is es-
sential to true, scientific and industrial progress.

These brief observations are but a few of the
methods by which we may conserve our human wealth.
They represent, to some extent, my practical ideals.
The conservation proposition in the last analysis is a
problem of the prevention of the wrong and the adop-
tion of the right methods. As the conceptions of our
people become more fully realized, our laws will, re-
flect more of humanity and the fellowship of mankind,
and make for greater progress, for industrial peace,
and for the better civilization.

Labor

Let us then be just to th« workers. No man can pay
too high a tribute to ' ' labor. " It is the creative force
of the world, the genius of accomplishment of the brain
and the brawn of man, the spirit of all progress, and
the milestones marking the advance of nations. Civili-
zation owes everything to lalDor — to the constructive
toiler, and the creative worker. Labor owes very little
to civilization. Mother Earth is labor's best friend.
From her forests and her fitdds, from her rooks and
her rivers, the toiler has wrought all and brought forth
the wonders of the world.

Messages to the Legislatube 33

I recommend legislation to so reorganize the Depart-
ment of Labor that it shall have greater powers and a
more comprehensive scope with additional agencies
sufficient to investigate conditions, enforce th^ laws,
and accomplish the greatest good for the greatest
number — along practical and humanitarian lines.

Civil Sebvice

As a consistent friend of the merit system in the
Civil Service it is my purpose to co-operate with you
in protecting its integrity and promoting its efficiency.

Therefore, I recommend : That the State Civil Serv-
ice Commission initiate constructive work along the
line of standardizing promotion examinations, by in-
troducing and maintaining efficiency records of all
competitive employees; and request the co-operation
of the heads of departments with the Civil Service
Commission, in enforcing the present rules or any sup-
plementary ones which the State Commission, may
adopt to carry this plan into effect.

The State Civil Service Commission, in my judg-
ment, should continue its efforts to bring about a more
systematic administration of Civil Service laws in the
cities of the second and third classes, by the adoption
of a model set of rules, by uniform classifications of
positions in the service of such cities, and by co-opera-
tion and assistance in conducting and rating municipal
examinations.

Law Eefobm

The need of reform in civil and criminal law is
urgent, and I recommend the enactment of such legis-
lation as will relieve the present legal system of the
delays, the unnecessary expense, and the uncertainties
incident to the present procedure.
Vol. 1—2

34 Public Papers of Goveenoe Stilzeb

' AGEIOtTLTtrBB

We must keep the needs of the farmer evet before
us. What the farmer produces is real wealth. To-
day, when consumption has caught up with production,
it behooves us to give attention to the land, and every
kind of assistance to the tillers of the soil. Those of
the cities who would return to farms must be en-
couraged, and those of the farms must be aided to
greater effort and larger profit. We are falling behind
as an agricultural State.

To aid our farmers legislation that will secure
greater production should be promoted. Let our
people be provided with constructive legislation that
will enable farmers to co-operate among themselves,
so that farmers and city people can have the closest
possible intercourse, and the products of the farm may
be moved to customers with the least possible friction,
at the smallest expense, and in the shortest time. We
should help our farmers to secure the advantages of
long loans at reasonable interest rates. The parcels
post legislation just started should be further ex-
tended so as to include an express post in order to
make still freer the exchange of products between city
and country.

Aid foe the Fabmees

Agricultural education, now in its infancy, must be
fostered until agriculture is taught not only in a few
colleges in the State, but in every high school in our
commonwealth. Our game laws should be strength-
ened to prevent thoughtless hunters from trespassing
on farms during the game season unless freedom to
hunt has been granted.

The State fair must be made an agricultural, an edu-
cational and an industrial exposition, commissioned by

Messages to the Legislature 35

men in sympathy with its interests and capable of
directing this great enterprise in all its channels. The
State Agricultural Society, which has become such a
splendid clearing house of farm thought, direction and
publicity, should be encouraged to greater activity.

Our Department of Agriculture, one o^ the most use-
ful administrative branches of the State Government,
must never be allowed to become partisan in character,
but held strictly to the line of agricultural promotion.

I recommend that whatever is within the power of
the Legislature to do to sustain, to promote and to
upbuild the agricultural resources of the Empire State,
should speedily be done. I will work heartily with you,
as well as the rank and file of farmers, to make the next
two years the most prosperous, in an agricultural way,
that this State has ever known. When the farmer is
prosperous the State will flourish.

Good Eoads and Wateeways

The building and the maintenance of good roads ; the
continued conservation and development of our natural
resources ; and the constant improvement of our water-
ways appeal to us now as they have in the past, and
should have our earnest support and constant attention.

We know that good roads, like good streets,, make
value of farm lands, facilitate transportation, and add
habitation along them most desirable; they enhance
the untold wealth to the producers and consumers of
the country ; they economize time, give labor a lift and
make millions in money; they sav(? wear and tear and
worry and waste ; they beautify the countiy and bring
it in touch with the city; they aid the social and
religious and educational and the industrial progress
of the people ; they make better homes and happier fire-

36 Public Papees of Goveknoe Sulzeb

sides ; they are the avenues of trade and the agencies
of speedy communication; they mean the economical
transportation of marketable products — the maximum
burden at the minimum cost; they are the ligaments
that bind the country together in thrift and industry
and intelligence and patriotism; they promote social
intercourse, prevent intellectual stagnation, and in-
crease the happiness and prosperity of our producing
masses; they contribute to the greatness of the city
and the glory of the country, give employment to our
idle workmen, distribute the necessaries of life — the
products of the fields and the forests and the factories
— encourage energy and husbandry, inculcate love for
our scenic wonders, and make mankind better and
happier.

In the near future I shall communicate to you some
fui'ther views by way of recommendations regarding
the building and maintenance of good roads, and the
complete reorganization of the Department of High-
ways into the Department of Q-ood Eoads, having a
single responsible, experienced and competent head,
with full powers to do the work required along safer
and better and more comprehensive lines, in order to
promote greater economy and a higher degree of
efficiency in the future building and maintenance of
good roads.

Home Rule

Let us stand squarely for Home Rule and local self-
government — Home Rule for the State ^ — for the re-
served rights of the State — against encroachments by
the central government at Washington. Home Rule
for the counties, and the cities, and the towns, and the
villages of the State against legislative tinkering and
invasion.

Messages to the Legislatuee 37

I believe in local autonomy as, a fundamental right.
Long experience has taught me that many of the evils
the people want remedied ; that most of the things the
people want done, can be remedied and can be done
through local agencies without interference by the
National and State Legislatures.

Let me urge you to be firm at all times for Home
Rule, and for the rights of the peppleJin,, their respec-
tive communities to govern themselves politicatlyv as
well as otherwise, without legislative interference ex-
cept when absolutely necessary.

Taxation

In view of the increasing expenditures in the admin-
istration of State affairs, mounting higher and higher
each succeeding year, and necessarily imposing oner-
ous burdens on our taxpayers, I recommend genuine
retrenchment in every department of the State, to the
end that expenditures be kept down to the minimum
and taxation materially reduced.

Unless this is done in a systematic way additional
methods must be devised to raise greater revenue. I
am in sympathy with the oppressed taxpayers of our
State and to the best of my ability will aid you in your
efforts to lighten their burden. Nothing will gratify
me more than to be able. to say to the people when you
adjourn that this Legislature was one of the most
economical in the history of the State, and by its
wisdom and economies wiped out every vestige of
direct tax.

The Way to Econ'Omize

The way to stop extravagance is to retrench and
economize. A cursory examination into State affairs
convinces me that many expenditures can be stopped

38 Public Papers of Govebnob Sxtlzeb

and efiSciency promoted if every State officer will clean
house, stop waste and practice every economy con-
sistent with good government and the orderly adminis-
tration of public affairs.

Let us do our best, day in and day out, to save wher-
ever it is possible, and make honesty and simplicity,
economy and efficiency the watchwords of our admin-
istration of the people's business.

Committee op Inqtjihy

Many worthy citizens have suggested to me the
advisability of examining, throjigh a Committee of In-
quiry, into every department of the State Government .
to ascertain where expenditures can be checked and
the money of the taxpayers saved, and also to recom-
mend to the Legislature in this message the desirability
of abolishing useless officies, consolidating wherever
possible bureaus and commissions, with the sole object
of more rigid economy and a greater degree of
efficiency.

I recommend these wise and timely suggestions to
your careful consideration, and promise to do my part
to render you and the people all the aid I can to lessen
the burdens of taxation.

Conclusion

The people are now looking to us to make good
in the administration of State affairs. We live in a
progressive age; the world is moving forward to a
higher level, and mankind conscious of its power hopes
for nobler things, and demands better government un-
tirammeled by politicar expediency and unhampered by
partisan considerations. We must be up and doing to
keep pace with the best thought of the times. The

Messages to the Legislatuee 39

people hope much from us, and to merit their continued
confidence and meet their just expectation it is incum-
bent that we grasp the opportunity and accomplish the
things desired.

(Signed) WM. SULZBE

Joint Resolution of Congress Proposing an Amendment
to the Constitution Providing that Senators shall be
Elected by the People of the Several States

State of New Yobk — Executive Chambeb

Albany, January 6, 1913
To the Legislatuee:

I have received from the Secretary of State, of the
United States a certified copy of a resolution of Con-
gress, entitled " Joint Resolution Proposing an Amend-
ment to the Constitution providing that Senators shall
be elected by the People of the several States, ' ' and
in accoi:dance with his request I submit it to your hon-
orable bodies for ratification in accordance with the
expressed wishes of the people.

The amendment proposed by this joint resolution,
adopted by two-thirds of both houses of Congress, is
as follows :

' ' Resolved by the Senate and House of Representa-
tives of the United States of America in Congress
assembled (two-tjhirds of eg-ph House concurring
therein), That in lieu of the first paragraph of section
three of Article I of the Constitution of the United
States, and in lieu of so much of paragraph two of the
same section as relates to the filling of vacancies, the
following be proposed as an amendment to the Con-
stitution, which shall be valid to all intents and pur-

40 Public Papers of Goveknoe Sulzeb

poses as part of the Constitution when ratified by the
legislatures of three-fourths of the States ;

' ' ' The Senate of the United States shall be com-
posed of two Senators from each State, elected by the
people thereof, for six years; and each Senator shall
have one vote. The electors in each State shall have
the qualifications requisite for electors of the most
numerous branch of the State legislatures.

' ' ' When vacancies happen in the representation of
any State in the Senate, the executive authority of such
State shall issue writs of election to fill such vacancies ;
Provided, That the legislature of any State may
empower the executive thereof to make temporary
appointments until the people fill the vacancies by elec-
tion as the legislature may direct.

" ' This amendment shall not be so construed as to
affect the election or term of any Senator chosen before
it becomes valid as part of the Constitution. ' ' '

I indulge the hope that this amendment to the Fed-
eral Constitution will be ratified without delay.

(Signed) WM. SULZER

Conservation of Natural Resources and Recommending
Repeal of Charter Granted by the Legislature of 1907
to the Long Sault Development Company

State of New York — Executive Chamber

Albany, January 13, 1913
To THE Legislature :

In my recent message to your honorable body I
recommended for your careful consideration, the con-
servation of the natural resources of the State, and

Messages to the Legislatube 41

their development and utilization for the benefit of all
the people.

We are the trustees of future generations. We must
protect and preserve the rights of those who come after
us. We should be true to our trust. This is the duty
of the day, and the real solution of the problem of true
conservation.

The State of New York, in my opinion, is now com-
mitted to the policy of conserving all of its natural
resources, and particularly of developing our vast
water powers, so that they may be of benefit to all the
people of the State.

In this connection I desire to call your official atten-
tion to the unconstitutionality of a charter which was
attempted to be granted by the Legislature of 1907 to
the Long Sault Development Company by chapter 355
of the Laws of 1907.

Pursuant to a resolution of the Senate of this State,
the Attorney-General, after careful and exhaustive con-
sideration, transmitted to the Senate on January 1,
1913, in the form of an opinion, his conclusions as to
the validity of the said act.

Suffice it to say that I .am fully in accord with the
able opinion of the Attorney-General, which clearly
demonstrates that said act is unconstitutional and void
for the following reasons :

1. That the act in question contravenes section 18 of
article 3 of the State Constitution, which provides that
the Legislature shall not pass a private or local bill
granting to any private corporation, association or
individual any exclusive privilege, immunity or fran-
chise whatever. This bill is private and local and
grants an exclusive privilege,_as contemplated by sec-
tion 18 of article 3 of the Constitution.

42 Public Papers of Goviebnob Sulzee

2. It violates section 7 of article 7 of the State Con-
stitution, -which provides that the lands of the State
now owned or hereafter acquired, constituting the For-
est Preserve as now fixed by law shall be forever kept
as wild forest lands, and shall not be leased, sold or
exchanged or taken by any corporation, public or
private.

The bed of the St. Lawrence river which, by the act
in question, . is directed to be conveyed to the Long
Sault Development Company, is owned by the State
and was so owned at the time the provision of the Con-
stitution was adopted, and was included within the
Forest Preserve, as defined by section 100 of chap-
ter 332 of the Laws of 1893, describing the lands in-
cluded within the State Forest Preserve.

3. The act in question is a private bill and embraces
more than one subject, and is, therefore, in violation
of article 3, section 16 of the State Constitution which
provides that no private or local bill which may be
passfed by the Legislature shall embrace more than one
subject, and that shall be expressed in its title.

4. The act is invalid as being in excess of the powers
of the Legislature, in that it provides for the aliena-
tion by the State to the Long Sault Development Com-
pany of title to the land in the bed of the St. Lawrence
river. The title of the State in those lands is a sov-
ereign right, rather than a proprietary title. It. is
inconsistent with that. right, which must be exercised
for the benefit of the whole people, that the title to the
bed of a navigable stream should be granted in fee to
a private corporation.

The Attorney-General, the State Conservation Com-
mission and myself are convinced that this act is void
and unconstitutional, and that the appropriate action

Messages to the Lbgislatubb 43

to be taken by the Legislature at this time is to repeal
the said act.

Let me say further that I am advised by the Comp-
troller that certain sums of money have been paid into
the State treasury by the. Long Sault Development
Company, as required by certain terms of the said act.
I respectfully suggest to your honorable bodies that
such sums should be repaid to the Long Sault Develop-
ment Company, together with interest.

In regard to any valid and legal claims which the
Long Sault Development Company may have against
the State of New York, by reason of the repeal by the
Legislature of the said act,. I suggest that the same be
referred to the Board of Claims for its determination.

Not only is said act violative of the provisions of our
State Constitution, but its provisions are in other
respects improvident, unwise .and indefensible, both
from an industrial and an economical point of view.

The State Conservation Commission reports :

' ' The vast power available at this place constitutes
one of the State's greatest natural resources.^ The
advances in the art of electrical transmission makes it
economically feasible to use the same throughout the
State. At present it is going to waste. It is for the
interest of all that this power should be developed and
utilized by the people and for the people. Cheap power
will enlarge the use of electricity for domestic and
.commercial purposes ; stimulate industry ; increase our
wealth and add to our population. Private interests
should not be allowed to exploit and monopolize the
same. The State should develop this power for the
benefit of the ultimate consumer."

Investigations made by the engineers of the State
Conservation Commission demonstrate, among other

44 Public Papers of Govebnoe Sulzer

things, that a full economic development at the Long
Sanlt rapids will produce one million (1,000,000) horse-
power, of which, by treaty arrangement with Canada,
it is to be expected that New York will receive no less
than one-half. It is hard to conceive of the vastness
of five hundred thousand (500,000) horsepower, trans-
muted into electrical energy. It is nearly three-quar-
ters of the sum total of all the water powers now devel-
oped in New York State, including that at Niagara.
It is estimated to be more than sufficient to run one-
third of all the industries of our State, which are now
operated by steam power, exclusive of steam railways,
but inclusive of electric railways. These two facts
may help to show the importance of this vast power to
the industrial welfare of our State.

This immense power, so valuable to our peoplie, is
at a transmission distance of 340 miles from New York
city, or about 40 miles nearer than Niagara' Falls. It
is only 180 miles from Syracuse and about the same
distance from Albany. Great strides are being made
in improving mechanical contrivances for transmitting
hydro-electric power under high tension, and recent
inventions and improvements make it probable that in
the near future such power can be carried and trans-
mitted with industrial and economical efficiency over
vast distances.

At present it is reported as practicable to transmit
power from the Long Sault Rapids to New York city
for steady, continuous loads much cheaper than such
loads can now be carried with steam power. This will
inevitably result in a great saving to the consumer, and
be of inestimable value to the State.

In order that we secure for all our citizens the many
and the lasting beneficial results of the proper develop-

Messages to the IjBoistiATUBE 45

ment of our natural resources, particularly of our now
unused water powers, in accordance with our construc-
tive policy in these matters, to which our State now
stands committed, I respectfully recommend that chap-
ter 355 of the Laws of 1907 — the Long Sault Develop-
ment Company's charter — be immediately repealed.

(Signed) WM. SULZEE

Transmitting Report of Board of Statutory Consolidation,
Recommending a Pian for the Simplification of Legal
Procedure in the Courts of the State

State of New York — Executive Chamber

Albany, January 15, 1913
To the Legislature :

I have the honor to transmit herewith the report of
Adolph J. Rodenbeck, William B. Hornblower, John
G. Milburn, Adelbert Moot and Charles A. Collin, con-
stituting the Board of Statutory Consolidation, recom-
mending a plan for the simplification of legal pro-
cedure in the courts of the State, prepared and sub-
mitted in pursuance of chapter 393 of the Laws of
1912.

Over fifty years ago the State of New York revolu-
tionized its system of practice and procedure in the
courts by eliminating complex technicalities and
simplifying the procedure so as to secure the prompt
termination of legal controversies, in accordance with
justice and the substantive law applicable to the facts,
without delay, diminution or obstruction of justice by
reason of mere technicalities of practice or procedure.

The example thus set by the State of New York was

46 Public Papers of Governor Sulzer

soon followed by other States and most English speak-
ing countries, with the result of establishing, through-
out the English speaking world, what has come to be
known as the Reformed Procedure.

My experience as a lawyer, and my observation of
the conduct of litigation in our courts, have compelled
me to the conviction that, during the last thirty years,
a new set of complex technicalities has grown uncon-
sciously into our system of legal procedure, adding to
the uncertainty, delays and expense of litigation, ob-
structing the administration of justice, and causing
evil results which fall most heavily upon those least
able to bear them, sometimes amounting, in practical
effect, to denial of justice and closing the doors of the
courts against the very people whose sole reliance
must be on the courts for protection against the op-
pression and injustice of the wealthy and powerful.
I have often, of late, had reason to believe that the
State of New York has lost its leadership in the re-
form of judicial procedure, and fallen behind other
States in this country and even, in some respects, be-
hind conservative England.

In my first message to this Legislature, I therefore
recommended " the enactment of such legislation as
will relieve the present legal system of the delays, the
unnecessary expense, and the uncertainties incident to
the present procedure. ' '

My own convictions of the necessity of a drastic re-
form of our civil procedure, are confirmed and justified
by this report of the Board of Statutory Consolida-
tion, with its careful and thorough analysis and com-
parison of the systems of procedure, now in force in
this and other States and England.

As ,the result of such analysis and comparison, the
Board unanimously recommends abandonment, rather

Messages to the LegiptjAtuee 47

than revision and amendment, of our present cumber-
some Code of : Civil Procedure, wliieli is now over-
loaded witli innumerable, and incongruous amend-
ments, and from the time of itg enactment, in 1876,
has never been as satisfactory as the original /Field
Code of 1848.

The Board unanimously recommends, as a sub-
stitute for the present I Code of Civil Procedure:

I. A Short Practice Act which would preserve in
statutory form the fundamental and jurisdictional
matters of procedure in the present Code, with such
changes as may be necessary to adopt such provisions
to present conditions.

II. Rules of Court (subject to adoption, ajjiendment
and repeal by the judges), redrafted so as to preserve
and regulate such minor details of practice in the
present Code and Court Rules, as should be preserved
in the written law, but omitting entirely minute details
of practice which can be regulated much more satis-
factorily, by each judge before whom such matters
come up for determination, and without any danger
that the judges will abuse the discretion thus reposed
in them.

III. Such changes as will simplify and modernize
the practice so as to secure a prompt and final deter-
mination of legal controversies according to the sub-
stantive rights of the parties; and to that end the fol-
lowing among other changes are recommended:

(a) The court should have full power to disregard,
in: the interest of justice, at any stage of the case, any
mistake, irregularity or defect which does not affect
the substantial rights of a party.

(b) Provision should be made, so far as practicable
and constitutional, for obviating more than one trial
of an issue of fact, by authorizing the court, on appeal.

48 Public Papers of Goveenoe Sulzer

to disregard errors of the court below, not affecting
substantial rights, to take further proofs when deemed
necessary for bringing out all the facts material to the
controversy, and to render final judgment in accord-
ance with the law applicable to all the facts of the case
thus brought before the Appellate Court, without
granting a new trial.

(c) There should be but one form of action and
there should be a complete disposition of the entire
controversy, by the joinder of all parties, whether
jointly, severally or in the alternative, and a simple
statement of all differences between them, subject to
a separate trial of any issue upon order of the court.

(d) The demurrer should be abolished and all re-
lief for defective pleading should be by motion.

This brief outline of the general plan and partial
enumeration of its details, sufficiently demonstrate the
vital importance of the questions presented by this
report.

A lack of confidence in the courts is one of the
greatest evils that can befall the State. No more
dangerous wound can be inflicted upon the State than
unjustly, and without cause, to destroy confidence in
its courts of justice. By the same token, no, greater
service can be rendered the State than to, remedv audi
remove any just cause for distrust or lack, of" con-
fidence in the equality, efficiency and righteousness of
the system of administering justice in the courts.

I regret exceedingly that it will be impossible for
the Board to submit to this Legislature the draft of a
bill embodying its recommendations. The act of 1912
only authorizes the Board to prepare, and submit to
this Legislature, a plan for the simplification of the
practice in the courts, and only became a law on April
fifteenth last. It is evident from the drastic character

Messages to the LEGisiiATUKB 49

of the conclusions reached by the Board, as well as
from the contents of the report, that the investigations
of the Board have covered a wide field of inquiry, and
that its report is the result of thorough study and care-
ful deliberation. The personnel of the Board is«suffi-
cient guaranty that the drastic plan recommended has
not been adopted hastily or unadvisedly, but repre-
sents the mature judgment of conservative, experi-
enced and practical lawyers, awake to the evil, and
not likely to suggest ineffectual or unnecessarily
drastic remedies.

Under the law, as it now stands, the work of the
Board is finished. It is for this Legislature to de-
termine whether the plan recommended by the Board
shallbe worked out in detail, and whether the draft of
a bill embodying the plan shall be submitted to the
next Legislature. The work of the Board under the
act of 1912 has been performed as a patriotic service,
without pecuniary reward. If the plan is to be car-
ried out, most of the immense mass of detail work must
necessarily be done by one man, and it is understood
that the chairman of the Board will devote his time
largely to that portion of the work, for which he should
be allowed reasonable compensation. It is understood
that the other members of the Board will act chiefly
in consultation in an advisory capacity, and if the
Legislature charges them wi1;lj, thg responsibility, that
they are willing and prefer, ijo continue the service
without pecuniary compensation.

If the Legislature approves the report, it is manifest
that its approval, should be expressed as promptly, as
practicable, in order that the work of the Board, may
be resumed, without unnecessary intermission, and
completed, with the necessary care and deliberation,
in time for submission to the next Legislature.

50 Public Papebs op Govbbkoe Sulzek

I recommend that the Legislature express its ap-
proval of the report of the Board, by passing a bill for
carrying the report into eff&ct, substantially along the
lines of the draft of proposed bill annexed to the
report.

(Signed) WM. SULZER

Transmitting Report of William B. Ellison, Commis°
sioner Appointed by the Governor on Revision of
the Standard Fire Insurance Policy of the State

State op New York — Executive Chambbk

Albany, January 20, 1913
To the Legislatueb :

I respectfully transmit herewith for the careful con-
sideration of your honorable bodies, the report made
to me by the Honorable William B. Ellison, as a Com-
missioner, on the advisability of a complete and
thorough revision of the Standard Fire Insurance
Policy of this State.

Recently I wrote Mr. Ellison the following letter :

' ' State op New. Yobk ^ — Executive Chambee

Albany, January 4, 1913

Hon. William B. Ellison, 165 Broadway, Neiv Yorh
City:

Dear Sib. — I have received many communications,
both written and oral, which have officially directed
my attention among other matters relating to fire in-
surance, to the form of the Standard. Fire Insurance
Policy provided by statute and now used iii this State.

It has been stated that our standard form requires

Messages to the Legislatuee 51

radical revision and improvement in order to do jus-
tice between botli the insurer and the insured.

In addition, the many decisions of the courts, some
conflicting with others, have produced a condition of
much confusion in regard to the exact scope, meaning
and effect of our Standard Fire Insurance Policy.

The State of New York and its citizens should enjoy
the use of the very best form of fire policy it is possible
to devise. It is apparent that legislation is necessary
to make clear and definite the provisions of an ade-
quate and proper form of standard policy and bring
about the desired beneficial results in the interest of
all the citizens of the State.

To the end that I may properly recommend appro-
priate legislation in this respect, at my personal re-
quest, you have, with generous action and fine public
spirit, offered your services, entirely without com-
pensation or other expense to the State, in collating
necessary facts, receiving suggestions and making
recommendations as to what changes, if any, are ex;-
pedient and advisable in the laws of our State relating
to this particular subject.

With your long and varied experience as a lawyer,
particularly m insurance matters, I am confident that
your carefully formed opinions Avill be of the greatest
value and assistance to me in suggesting the necessary
legislation.

I take pleasure in transmitting to you herewith your
designation as my Special Commissioner for such pur-
pose, and wish you to understand that it is not my
intention to limit you merely to the consideration of
the form of standard fire policy, but your inquiry
should properly include every phase of the subject of
fire insurance.

52 Public Papers of G-ovebnoh Sulzeb

I desire to commend your action in thus serving the

community as a most welcome illustration of the public

spirit of our citizens. I shall be glad to receive your

report at as early a date as you may find practicable.

I have the honor to remain,

Respectfully yours

WM. SULZER"

Accompanying said letter was the following ap-
pointment :

' ' State op New Yoek — Executive Chambeb

It having been called to my official attention that
changes are desirable, expedient and advisable in the
laws of this State relating to fire insurance, to the end
that there may be an effective and comprehensive plan
adequate to the needs of those interested, I, William
Sulzer, Governor, hereby designate

William B. Ellison
of New York City, as a Special Commissioner, to serve
without compensation or other expense to the State,
for the purpose of collating facts, receiving sugges-
tions and making such recommendations as may seem
fitting, with regard to what changes, if any are at this
time advisable in the laws of this State relating to and
affecting fire insurance.

GrivEN under my hand and the Privy Seal of the

State at the Capitol in the city of Albany,

[l. s.J this fourth day of January in the year of

our Lord one thousand nine hundred and

*^^^*^^"- WM. SULZER

By the Grovernor:

Chesteb C. Platt

Secretary to the Governor "

Messages to the Legislature 53

In submitting his report Mr. Ellison writes me as
follows :

"Albany, N. Y., January 16th, 1913

My Deae GrovERNOB. — I beg leave to accompany J;his
with my report on the proposed revision of the stand-
ard policy of fire insurance in this state.

I have confined my report to the body of the policy
as originally adopted and I have not taken under con-
sideration any of the ' Riders ' now in use, for the
reason that several of them were adopted by agree-
ment between the New York Board of Fire Under-
writers and the State Department of Insurance.
Under such circumstances I have not felt free, or felt
that it was desirable, to interfere with matters that
have had the approval of the Superintendent of In-
surance. I have been impressed with the idea that
such matters might be well taken up between the Su-
perintendent and yourself.

I feeljjhawever, that I should say to you that many
of 'the ' ripers ' now in use have been made the sub-
ject .bf. very vigorous criticisms in numberless com-
mumoations, oral a«d written, made to me while I had
the'maiin question under consideration.
■^ JSiJee^lfthe complaints against these riders, and the
way they are attached, have been productive of a
great deal of discontent.

Should you later desire me to take up for further
consideration questions arising under the ' riders ' to
which reference has been made, I will, of course, be
glad to do so.

So far, also as are concerned the many other mat-
ters involved in the business of fire insurance in this

54 Public Papers of Goveenob Sulzeb

•State, to wMch reference was made on my appointment
as Commissioner, I beg leave to say that I rest subject
to your further directions.
I remain,

Faithfully yours

WILLIAM B. ELLISON

Commissioner
To Hon. William Stjlzeb

Governor of Neip. York State "

After cari^ully reading this impartial report, I be-
lieve it to be my. duty, in the interest of all the people,
to reconimend a revision of the present Standard
Policy of Fire Insurance for the following reasons :

The present Standard F'ire Insurance 'Policy is filled
with perils to the innocent insuring public, and it is
now, in my opinion, beyond dispute that there should
be a simplification, at least of the conditions upon
which protection against fire in the way of insurance
is obtainable.

The Standard Fire Insurance Policy of this State
contains a mass of technical conditions and provisions
that the people find most difficult to understand. In-
deed, they are so fraught with technicality and am-
biguity that the courts themselves, the highest courts
of record in the country, constantly differ in matters
of construction. This should not be difficult of remedy
and the public welfare it seems to me demands that it
be, remedied at once.

Of course we should not attempt to destroy any
reasonable protection tha,t may be claimed for the Fire
Insurance Companies, but at the same time, I contend
that the rights of the insured should not be left, as is
frequently the case under the present fotm of policy,
to the charity of the compahy.' The provisions of the

: JIJBSSAGES TO THE LEGISLATURE 55

policy should be made so simple, so short, and so clear
that the rights of both are apparent, and the interests
of both are safeguarded.

The State of New York should have the best Stand-
ard Fire Insurance Policy in the country. «

(Signed) WM. SULZER

Calling Attention to the Necessity of Remedial Legis-
lation Regarding Stock Exchanges

State of New Y.oek — t E^xj^QWive Chambee

Albany, January 27, '1913
To the Legislature:

A matter cohcernirig the gfeiieral welfare of our
State, to which I desire to call the attention of your
honorable body, is the subject of remedial legislation
regarding stock exchanges.

These stock exchanges, as is well known, are places
where the purchase and sale of stocks, bonds and other
seciirities, as distinguished from commodities, are car-
ried on and transacted.

Illegitimate stock speculations result from improper,
unnecessary, and fraudulent manipulations through
matched orders, wash sales, pooling agreements, etc.,
which are no more' nor less than fictitious transactions,
and affect the ptiblic by assiimiiig to Create values
where none exist, or values not according to the in-
trinsic worth of the securities.

The people have a vital interest in seeing to it that
transactions upon, stock exchanges are conducted
honestly, and with due regard to the protection of the
investing public. These transactions involve such

56 . Public Papers of Govebnob Sttlzeb

great amounts, affect sucli a large number of the in-
vesting public, and are so bound up witb the success
of our business enterprises, that the subject is one re-
quiring careful consideration by the members of the
Legislature of the greatest commercial State in the
Union.

Complaints of flagrant abuses led Governor Hughes,
in December, 1908, to refer the subject for investiga-
tion to an unofficial committee of eminent citizens of
conspicuous ability, who submitted a comprehensive
report thereon the following June.

In dealing with the subject this committee recognized
the fact that these stock exchanges are the most im-
portant markets in the world ; that their influence upon
the welfare of the people of the United States cannot
be overestimated; because they are the places where
prices are made, and a ready market provided, for the
billions of dollars of corporate securities, constituting
the investments of perhaps a million individuals, and
thousands of banks, savings institutions, and insur-
ance companies.

The report shows that the committee was convinced
that serious abuses existed. It declared that a sub-
stantial part of the transactions in these stock ex-
changes were virtually gambling operations; and the
statements were conclusive that often prices of se-
curities were grossly manipulated by speculators,
causing material losses to the public and moral detri-
ment to the people.

While most conservative in its recommendations,
this committee, of distinguished citizens, did not hesi-
tate to condemn these evils specifically, and to ad-
monish the governors of the exchanges to take the
necessary corrective measures, which with their ex-
perience and the plenary powers conferred upon them

Messages to the Legislature 57

by their rules and constitution, they could devise more
effectively, without injury to legitimate business, than
any other body of men; pointing out that unless they
did so the State would be compelled to intervene.

These stock exchanges are an inevitable necessity.
They cannot be destroyed without doing irreparable
injury to business. When properly conducted they
constitute an efficient agency for promoting industrial
and commercial prosperity. As at present constituted,
however, they are beyond the regulative powers of any
administrative department of the State.

That evils requiring immediate remedy exist is be-
yond dispute. These evils are easily discovered and
readily stated, but the remedies to be applied require
deliberate consideration and the most delicate adjust-
ment to meet the situation, so as to benefit the public
at large, and at the same time not disturb economic
and industrial conditions.

Recently a committee of the House of Representa-
tives has taken cognizance of the conditions, as matters
which concerned the whole country, and has placed on
record the testimony of soine of the governors of the
exchanges, and of other persons, which leaves no doubt
in the minds of men of judgment that the exchanges
have been either incapable, or unwilling, to devise
measures that will effectively eradicate the evils.

In view of these circumstances it is now the obvious
duty of the State, it seems to me, to devise the reme-
dies. If the State neglects to do its plain duty, the
State should find no fault if the Federal government
acts in the premises.

A critical examination of the testimony adduced in
the congressional investigation shows that the grossest
of the evils — manipulations of prices of securities, by
means of which the public is deceived and mulcted —

58 Public Papers of Govebnob Sulzeb

are not only possible under the present regulations of
these excha:nges, but that they actually occur.

It is demonstrated that the members of the ex-
changes are aware of these occurrences, but ignore
them; manifesting a surprising indifference to the
public interest; and to the reputation of the exchanges
which is often besmirched by these vicious operations.

It is now conceded by some of the officials that a
gambling taint is present in some of the transactions —
a concession that confirms the general opinion.

It has been established as a fact by the testimony,
that transactions in their nature essentially fictitious,
which make manipulations possible, are carried on
without serious attempts at restraint, on the pretense
that they are in form in compliance with the regula-
tions.

Abuses of the mechanisms, and violations of just and
equitable principles of trading, are treated leniently
instead of being vigorously condemned and followed
by condign punishment.

The testimony further shows that in cases where
members have been punished for extreme violations of
the rules, it also indicates quite clearly that there are
habitual evasions, undisclosed because not investi-
gat-ed.

Many of the evil practices are not disclosed until the
books of members who fail are examined ; but this has
not led the governors to exercise their power of ex-
amination prior to failures.

The men who have been entrusted with the power to
regulate the operations of these exchanges have some-
times displayed inexcusable laxity in their duties to
the public, frequently surprising incapacity to conduct
the institutions properly, and again an unwillingness
to enforce the just and equitable principles of trade

Messages to the LBGisLAiruRE 59

which they profess. Since they have failed or refused
to exercise the power to prevent such clearly vicious
abuses, the authority of the State must be invoked to
exercise that power.

Certain of the methods of business and of the opera-
tions conducted upon these exchanges have been the
subject of many complaints and grave criticisms. Some
of those methods and practices merit' the severest con-
demnation and others do not appear, upon careful ex-
amination of: the facts, to be well founded.

As a matter of fact it seems to nae the necessary ma-
chinery of these exchanges is often employed with im-
punity by or through members to commit depredations
upon the public.

These things must be stopped. An enlightened
public opinion demands it. An exchange in which they
occur ceases to be a legitimate market, and becomes a
powerful mulcting instrument.

Suffice it for me now to call to your attention certain
suggestions that have been made looking toward: inJr'
mediate remedial legislation, and tP submit for your
consideration other subjects with a view to essential,
legislg.tive acts. i;,

Manipulation

Of the many subjects of complaint none exceeds in
importance the grievances that arise from the subject
of so-called stock manipulation. This manipulation is
one of the matters about which there has been much
public discussion. It may not be easy to define manipu-
lation or to lay down pilps that will clearly distinguish
between justifiable and unjustifiable transactions in
securities. The bringing of a stock intp notice so that
it may be a marketable security at its real value re-
sulting from sales and purchases is not open to valid
criticism.

60 Public Papers of Govebnor Sxjlzee

What is a subject of just criticism, however, is a con-
certed movement artificially to raise, or depress, the
price of a stock in order to enable those participating
in the movement to realize a resulting speculative
profit. Such movements in the main seem to be pro-
duced by a combination of men uniting together for
the purpose of raising, or depressing, the price of a
security in which they have decided to institute a
movement.

A law should be promptly enacted that will clearly
distinguish proper transactions of purchase and sale,
on the one hand, from those on the other hand that are
the result of combinations designed to raise artificially,
or to depress, the price of securities without regard to
their true value, or to the real state of legitimate de-
mand and supply.

The Power op the State

The power of the State to enact remedial legislation
to cure existing evils in such business, and place it
under the regulative administration of one or more of
its departments is undoubted. This authority of the
State is embraced within the State's sovereign power,
called the ' * police power. ' '

An able characterization of the police power of a
State was made by Mr. Justice Harlan in the well-
known case of House v. Mayes, 219 U. S. 270, at 282,
where he states :

" That the government created by the Federal
Constitution is one of enumerated powers, and
cannot, by any of its agencies, exercise an author-
ity not granted by that instrument, either in ex-
press words or by necessary implication; that a
power may be implied when necessary to give

Messages to the Lbgislatube 61

effect to a power expressly granted; that while the
Constitution of the United States and the laws
enacted in pursuance thereof, together with any
treaties made under the authority of the United
States, constitutes the Supreme Law of the land,
a State of the Union may exercise all such govern-
mental authority as is consistent with its own con-
stitution, and not in conflict with the Federal Con-
stitution ; that such a power in the State, generally
referred to as its police power, is not granted by
or derived from the Federal Constitution but ex-
ists independent of it, by reason of its never hav-
ing been surrendered by the State to the General
Government; that among the powers of the State,
not surrendered — which power therefore remains
with the State — is the power to so regulate the
relative rights and duties of all vithin its juris-
diction so as to guard the public morals, the public
safety and the public health, as well as to promote
the public convenience and the common good; and
that it is with the State to devise the means to be
employed to such ends, taking care always that
the means devised do not go beyond the neces-
sities of the case, have some real or substantial
relation to the objects to be accomplished, and are
not inconsistent with its own constitution or the
Constitution of the United States."

In speaking of the police power, Mr. Justice Holmes,
in the case of Noble State Bank v. Haskell, 219 U. S.
104, at 111, used the following language :

" It may be said in a general way that the police
power extends to all the great public needs. {Can-
field V. United States, 167 U. S. 518.) It may be
put forth in aid of what is sanctioned by usage, or

62 Public Papees op Govbbnoe Sulzbb

held by the prevailing morality or strong and pre-
ponderant opinion to be greatly and immediately
necessary to the public welfare. ' '

CoNCEBTEB Movements to Deceive

It is my judgment also that where, by a combination
or concerted movement, a body of men seek to give to
a stock an appearance of activity that does not in fact
belong to it, for example, by selling backward and for-
ward among themselves blocks of a particular stock,
or by selling it out through one broker and at the same
time buying it back through another, there is danger
that this operation may mislead or deceive outside
investors, the practice should be prohibited.

If operations of this character do mislead or deceive,
and do induce outside investors to purchase stock
under a false impression as to the extent of the demand
for it and the nature of the market for it, a statute
should be placed on the books forbidding such oper-
ations.

So long as transactions are not calculated or intended
to mislead or deceive, and do not infringe upon the
rights of others, they should not be interfered with ;
but transactions that are fraudulent in their nature
and amount to fraudulent schemes or devices, should
be rigorously prohibited.

I urge upon you the prompt enactment of laws to end
these shifty schemes, and to forbid these clever com-
binations .to catch the unwary and to mislead the public.

Short Sai.es
The subject of so-called " short sales " is one requir-
ing your serious consideration. A contract to sell
property which a man does not own at thei time, but

Messages to the Legislatuee 63

with which he can provide himself in time for the per-
formance of his contract, is a general transaction
throughout the various branches of business, and is not
limited or peculiar to stocks or securities sold on ex-
changes. It is a subject which has been very much dis-
cussed by writers on financial topics, and one that has
also been the subject-matter of legislation in this and
other countries. As with other business transactions,
it may be perverted so as to work an injury to the
public. The best views seem to be that short-selling
in and of itself is not a wrongful or reprehensible
thing, but it is the abuse of this practice that works
injury to the public.

Your efforts in the enactment of legislation should,
therefore, be to draw that distinction so that what will
be condemned is the perversion of a legitimate form
of business to improper ends. Combinations of men
through short-selling to depress a stock artificially for
the purpose of buying it in to complete their short sales
at an unwarrantedly low price, and thereby realize a
profit which is not the result of natural prices, but of
a condition fictitiously created by themselves, is the
feature of the matter which is to be condemned.

Hypothecation of Secukitibs

The relation of a broker to his customer is one that
is governed by the general law of the land, and is the
same whether transactions on stock exchanges are
involved or not. Their respective rights in securities
which are bought or sold for the customer, the extent
to which securities that have been bought for the cus-
tomer partly on credit may be pledged by the broker
for the security of the amount owing on them, and,
generally, the reciprocal rights and obligations of the

64 Public Papers of Govebnob Sulzeb

broker and his principal, are matters which have been
mtich considered by the courts and respecting which
rules of law have been and are constantly being formu-
lated.

But it has been the subject of just complaint that in
the case of failures customers of the failing brokers
have lost in whole or in part securities which had been
purchased for theni. Such losses result from a viola-
tion of the law governing the relations of broker and
principal. This entire subject should receive imme-
diate consideration at your hands, and all necessary
modification of existing law for the protection of the
investing public should be promptly made and all acts
productive of such losses which are now merely a mat-
ter of civil liability, should be brought under the con-
demnation of the penal law.

Teading Against Customers ' Orders
Legislation should be devised which will require of
brokers the execution of orders given them so that,
whether purchases or sales, they shall be purchases
from or sales to independent persons, and so that in
no case shall a broker employed to buy for his cus-
tomer be the seller on his own account, or as broker of
some other principal of his own without disclosure of
the fact. If there are cases in which, because of the
peculiarity of the stock and the dealings in it, a pur-
chase cannot be made excepting through acquiring the
stock of another principal of the broker, those excep-
tional cases should be defined with precision.

It has been charged that there has been a practice on
the part of some brokers of selling for their ovm
account the same stocks that they have been ordered to
buy for their customers contemporaneously with the
execution of the orders on behalf of theit customers.

Messages to the Legislatuee 65

Suoli transactionsj of course, amount to a virtual buck-
eting by brokers of the orders of their customers.
They come within the same principles that led to the
condemnation of bucket shops. They are obviously
unjustifiable, and should be stringently forbidden by a
clear and explicit statute on the subject.

Pkohibiting Brokers prom DpisTG Business After
Their Known Insolvency

One of the most widespread causes of complaint, and
one of the most morally reprehensible practices, con-
sists in a broker doing business after he has become
actually insolvent, or knows or has reason to believe
himself to be insolvent. Cases of great hardship upon
the innocent investing public are due chiefly to the fact
that the broker, has received his customer's money
when he knew he was insolvent. Banks are forbidden
by law to receive deposits after their known insolvency.
Brokers should be subjected tp a like restriction.

I, therefore, recommend an amendment to the law,
with appropriate penalties for its violation, forbidding
a broker to receive securities, or cash, from his cus-
tomers, excepting in liquidation of, or as security for,
an existing account; or to make fresh purchases or
sales for his own account, after he has become insql-
vent. The law should also contain a clear definition
of insolvency within the ^ meaning of the act, either
analogous to the insolvency provisions of the National
Bankruptcy Act, or othe,rwise clearly defining such
insolvency.

More Stringent Penal Provisions Affecting Bucket

Shops
Under the law of New York as it is at present it is
necessary to establish that both parties to an ostensible
Vol. 1—3

66 Public Papbbs of Gtoveenok Sulzek

trade in securities intended that it should be settled by
the mere payment of differences and not by the actual
delivery of property. It follows from this state of
the law that the keeper of a bucket shop may escape
the penalties now imposed by the law merely by prov-
ing that his customer was an innocent victim and not a
consenting party to the illegal transaction. I believe
the Penal Code should be amended so that it shall be
necessary only to show that the bucket shop keeper
intended that there should be no actual delivery of
property.

False Statements

One of the most widespread of public grievances in
connection with the purchase of stocks arises from
false or fraudulent prospectuses, statements, or adver-
tisements regarding corporate securities. tJnder our
law as it now exists it is difficult to bring to justice per-
sons Who, by means of false and fraudulent statements,
advertisements and promises, deceive and wrong the
investing public. These deceiving practices have been
attacked under the Federal laws forbidding the use of
the mails for fraudulent purposes.

I recommend amending the law of this State so as
to make it a criminal offense to issue any statement,
or publish any advertisement, as to the value of any
stock, or other security, or as to the financial condition
of any corporation, or company, issuing or about to
issue stock or securities, where any promise or predic-
tion contained in such statement, or advertisement, is
known to be false or to be not fairly justified by exist-
ing conditions.

USUEY

The repealing of the exemption contained in the law
of New York regarding interest upon call loans of

Messages to the Legisi-ature 67

$5,000 or over, secured by collateral, has been the sub-
ject of much discussion. It has been charged that this
exemption in the law regarding the rate of interest
had facilitated over-speculation and stock gambling
operations.

But whether persons who borrow, or need to borrow,
sums of money in amounts over $5,000, secured by col-
lateral, for the purpose of speculation or otherwise,
should be forbidden to pay more than 6 per cent,
interest on their call loans, thus secured, is a serious
question which! commend to your- careful considera-
tion, and, after all the facts have been presented to you
and the subject fully considered, should be dealt with
by such remedial legislation as shall be deemed wise
and in the best interests of the public welfare.

Relations Between Exchanges

Complaint has been made that the restrictions placed
by certain exchanges on the right of. their members to
act for the members of other exchanges, or to belong
to such exchanges, result in unfair discrimination and
injustice.

The existing rules and practices in this regard
should be carefully considered, and if these rules, in
fact, or in their actual operation, result in injustice,
or in the curtailment of honest business, or in harm
to the general investing public, then I recommend such
remedial legislation as the facts require.

Incoepoeation of Exchanges
It has been urged that the law be amended so as to
require the incorporation of these stock exchanges, to
the end that the authority of the State over the trans-
actions upon these exchanges and the acts of their gov-

68 Public Papees of G-overnok Sulzeb

erning bodies may be directly invoked. On the other
hand, it has been argued with great cogency that the
power of discipline possessed by the governing bodies
of these exchanges over the conduct of their members,
which can now be exercised in a summary manner,
would be curtailed and frustrated by delays and tech-
nical obstacles which would greatly impair their just
disciplinary powers, and lead to a lowering of their
standards of business morality, to the ultimate detri-
ment of the investing public. Whether, if appropriate
legislation shall be framed and enacted into law deal-
ing with the specific subjects above enumerated, the
public will be adequately protected without the incor-
poration of these exchanges, is a question which I sub-
mit for your serious consideration.

Some of these reasons were clearly stated in the
report of the Hughes ' Committee, but no definite action
was taken, and no effective legislation was suggested,
the committee stating substantially:

" This Committee in refraining from advising
the incorporation of exchanges does so in the ex-
pectation that they will in the future take full
advantage of the powers conferred by voluntary
organization, and will be active in preventing
wrongdoing, such as has occurred in the past.
Then we believe there will be no serious criticism
of the fact that they are not incorporated. ' '

The members of these exchanges must realize that
many of the customs and rules now controlling them
are antiquated and unfitted for present-day purposes,
and they should be desirous, in their own interest, of
expeditiously adopting corrective measures that, when
put into operation, will place the exchanges in harmony
with the progressive spirit of the times. Every stock

Messages to the Legislature 69

transaction should be above board. Corporations
wbose securities are bought and sold on these ex-
changes should be compelled to make regular audited
reports. Publicity should be the watchword. The
trouble with the exchanges so far as the investing pub-
lic is concerned, is lack of confidence. It can only be
restored by doing business straight and on the square
and in the open.

Let us go slow and not act hastily. Ill-considered
legislation in regard to the purchase and sale of stocks
and bonds might result in serious harm to the financial
supremacy of the State, have a tendency to drive cap-
ital away from New York, and might disorganize the
large operations of legitimate business now centered
in this State, to the detriment of its citizens and the
commonwealth generally.

Great care should be taken, therefore, in the con-
sideration and enactment of just laws which, if wisely
drawn, will protect the investing public, promote pub-
licity, safeguard the rights of the people, restore con-
fidence, and facilitate our business prosperity, but
which, if inconsiderately enacted, may result in a seri-
ous disorganization of general business.

(Signed) WM. SULZER

On Revision of the Standard Fire Insurance Policy of the
State and Urging Careful Consideration

State op New Yoek — Executive Chambeb

Albany, February 10, 1913
To THE Legislature:

On the 20th day of last month I transmitted to your
honorable body the report made to me by the Hon-

70 Public Papers of Gtovebnoe Sulzeb

orable William B. Ellison, as a commissioner, on the
advisability of a complete and thorough revision of the
Standard Fire Insurance Policy of this State, and
urged that the subject be given careful consideration.
In connection with this matter I have received a com-
munication from the Honorable Joseph Johnson, Fire
Commissioner of the city of New York, of which the
following is a copy :

' ' FiKE Depabtmbnt of the City of New Yobk

" February 5, 1913

" Hon. William Sulzer, Governor, New York State,
Albany, N. T.:

' ' Your Excellency. — ^While appreciating highly the
work done by your Special Commissioner, Hon. Wil-
liam B. Ellison, in drafting changes in the Standard
Fire Insurance Policy, I desire to call your special
attention to the fact that any improvement made in the
fire insurance contract under existing conditions is.
only placing another weapon in the hands of dishonest
persons who now resort to incendiarism.

"As I have recently compiled an elaborate report
covering this subject, a copy of which I have already
placed in the hands of Your Excellency, I am not mak-
ing a rash statement in asserting that to compel fire
insurance companies to revise their policies without,
at the same time, forcing them to change their methods
of supplying these policies to the public, would be liter-
ally adding fuel to the flames.

" While reiterating my appreciation of Mr. Ellison's
efforts, I maintain that it would be highly illogical, not
to say disastrous, to place a better form of fire insur-
ance policy in the hands of certain members of the pub-
lic until legislation has been first enacted which will

Messages to the Legislatueb 71

change the present methods of business as conducted
by the fire insurance companies in this State.

"The revision and improvement of the" Standard
Policy should be subsequent to, or at least concurrent
with, the alteration of the methods of fire insurance
companies. These changes should compel fire insur-
ance companies in this country to conform to the best
precedents followed in foreign countries, where arson
for insurance has been practically eliminated.

' ' I am appealing to Your Excellency, as one who has
always had the interests of the great majority of the
people at heart, to give your serious attention to the
dangers which threaten the public from the present fire
insurance situation.

' ' I am able to substantiate my estimate that 25 per
cent, of our fire losses are due to incendiarism.

' ' I am able to prove by overwhelming testimony that
fire insurance companies issue policies indiscrimi-
nately, recklessly and wantonly.

' ' In the course of my recent investigation into incen-
diarism, the Fire Department was able to obtain with-
out previous inspection or even inquiry on the part
of the fire insurance companies, fire insurance policies
to the number of 135, covering $127,500 on household
effects worth only $3.96.

' ' I am able to prove that the very companies who do
this business in this city conduct their affairs abroad in
a wholly different manner. None of these foreign com-
panies, who do business in their own country, would
have the temerity to issue policies in the indiscriminate
manner in which they are scattering them broadcast
throughout this city and country.

' ' In this connection, I might mention that the United
States and Canada are the only two countries in the

72 Public Papers of Gtoveknok Sulzeb

world in which fire insurance companies are allowed to
do business in the present loose and culpable manner.

' ' This is not a local question here in New York city,
but it is widespread throughout the country, and if
Your Excellency wiU give the matter your careful
attention, you will find that you are dealing with a
national issue. It is on these broad grounds that I am
writing to you and submitting a brief summary of my
conclusions in reference to this vital subject of incen-
diarism, which is responsible for a large proportion
of our $250,000,000 national annual fire loss.

' ' Not only is incendiarism the cause of an enormous
and irretrievable loss to this city each year, but human
life is involved, owing to the fact that many of the fires
started by incendiaries result in deaths to citizens as
well as to firemen who fall in the pursuit of their duties.

' ' Since the publication of my report on incendiarism,
fires in New York city have shown a remarkable falling
off, which I can only attribute to the inauguration of
this crusade against arson. For instance, in January,
1912, the number of fires in Greater New York was
1,780, whereas "the fires in January, 1913, for the same
district have been 1,168. Therefore there were 612 less
fires in January this year than there were in January,
1912.

" Furthermore, fires in what we call ' The Fire
Zone ' of New York city — the area bounded by East
Ninety-sixth street. East One Hundred and Sixth street,
Madison avenue and the East river — have fallen off
to a remarkable extent; that is, from 42 fires in Janu-
ary, 1912, to 14 fires in January, 1913, a reduction of
more than 60 per cent. This is directly and solely due
to the fact of the agitation against incendiarism con-
ducted by the Fire Department, and ably seconded by
the District Attorney's office.

Messages to, the Legislatukb • 73

" It is claimed by some of our critics that the falling
off in fires is attributable to our mild weather ; as there
are naturally more fires in winter than in summer. I
call your attention to the fact, however, that in July
last year, including the usually heavy fires of July 4,
there were 1,341 fires; in June, 1,339 fires, as against
1,168 fires in January this year.

' ' In the course of preparing the report on incendia-
rism, not only was it dem.onstrated that fire insurance
companies grant policies without the least regard to
character of assured, or inspection of risks, but it has
been amply proved that these companies recklessly
grant insurance policies to business firms who have had
many previous fires.

' ' In this matter of business fire insurance, an analy-
sis was made of 14,574 fires which occurred in G-reater
New York during 1911;, and it was demonstrated be-
yond question that fires in certain trades occur not
only with alarming frequency, but to an extent which
can only be accounted for by the fact that these trades
deliberately take advantage of present fire insurance
conditions.

" I might mention for Your Excellency's informa-
tion, that the normal fire rate is about 30 per cent, for
' Not Ascertained ' fires ; that is, fires which, after
investigation, do not reveal the causes of their origin.
But in certain trades the nonasceartained fires rank as
high as 78 per cent., 71 per cent;, 69 per cent., 65 per
cent, and so on. Careful investigation has also re-
vealed the fact that financial and trade conditions lead
to insurance fires.

"Arson is frequently committed to avoid bank-
ruptcy. Many concerns are in business in New York
who have had more than three fires, from which they
have collected insurance ; thus saving themselves from

74 Public Papers op Govebnoe Sulzeb

business failure. And yet, the ability on the part of
these firms to obtain further fire insurance is unim-
paired, despite the fact that many of them have had
fires which can only be termed suspicious in character.

' ' Some fire insurance companies claim that they do
not issue policies to certain persons who have already
proved themselves to be suspicious in character. I
have demonstrated, however, and it is further proved
by the legislative investigation into ' Corrupt Practices
and Insurance Companies other than Life ' in 1910,
that insurance companies deal through brokers from
whom they are willing to accept a certain amount of
bad business, which they know to be risky, provided
those brokers will give them a fair proportion of good
business.

' ' This is a situation which amounts to criminal col-
lusion on the part of the fire insurance companies.

' ' My investigators have also been able to throw light
upon the operations of certain persons known as ' pub-
lic adjusters.' These persons frequent all fires and
by various questionable methods attempt to persuade
persons holding fire insurance policies to deal with
them instead of through the companies.

" The actions of dishonest public adjusters have
brought disrepute upon the whole trade of public fire
insurance adjusters, and I strongly recommend to
Your Excellency's attention chapter V of my report
dealing with this matter. Legislative enactments are
required to curtail the operations of these people, and
I might mention that since the expose of incendiarism,
made in my report, several prominent public adjusters
have been indicted by the New York grand jury, as well
as certain insurance brokers who have been collabotat-
ing with incendiaries in collecting insurance and ob-
taining policies.

Messages to the Legislature 75

" Owing to the fact that arson is one of the most
difficult crimes in which to obtain convictions — it is
considered by criminal lawyers to be on a par with
mnrder — it is extremely urgent that remedial legis-
lation shall be introduced, which will remove the main
cause of arson, that is — the ready access which in-
cendiaries now have to fire insurance policies. It is
these policies which supply the principal motive for
arson.

' ' In the course of my report on incendiarism, corre-
spondence was opened with every important fire insur-
ance company abroad, and a special visit made to Ger-
many in behalf of the New York Fire Department by
Mr. Robert H. Mainzer ; a vast amount of information
was collected from foreign fire insurance companies,
all pointing to the fact that they conduct their business
on far more rigid lines than do companies trading in
this country.

* ' When persons desire fire insurance in London,
Paris, Berlin, Edinburgh, Glasgow, Liverpool, Goth-
enburg and other foreign cities, the assured themselves
must not only answer numerous questions as to char-
acter, financial standing and nature of risk, but the
agent who secures the application must personally
recommend the granting of the policy to the assured,
and this agent gives his written approval to all appli-
cations which pass through his hands.

' ' Foreign companies have also a method of ' black-
listing ' agents who give them bad business, and by
careful selection of their business they are absolutely
able to prevent the crime of arson, which is so prev-
alent in our country.

" Speaking of foreign cities, I might mention that
where New York in 1910 had 14,405 fires, London only
had 3,941 fires, while Paris had but 2,030 fire^ and

76 Public Papees of Governoe Sulzee

Berlin 2,068 fires. Greater New York has 300 fires per
100,000 inhabitants, while London for the same popu-
lation has but 81 fires; Paris, 74; Berlin, 97; Vienna,
59; St. Petersburg, 55 fires.

' ' "Where European cities pay a per capita fire loss
of only about 50 cents. Greater New York pays a per
capita fire loss of $2.45. Some foreign cities, such as
Southampton and Dresden, are as low as 12 cents per
capita.

' ' Making every allowance for climatic and building
conditions, the discrepancy is highly unfavorable to
the American Metropolis.

' ' Where foreign applicants for fire insurance poli-
cies request insurance, they must fill out proposal
forms, which require them to answer questions, not
only relating to their personal business and previous
record, but they must state whether they ever had any
previous fires in any premises occupied by them, and
they must give full particulars of such fires. Any
answers to questions on these proposal forms are taken
as warranties under the policies, and when answered
untruthfully invalidate the contract.

" Since sending out this report on incendiarism, I
have received numerous letters from many insurance
experts throughout the country, even presidents of fire
insurance companies, highly commending the report,
and also agreeing with me in my general conclusion
that our present unhappy conditions in this country
are entirely due to the lax methods followed by fire
insurance companies here. I am glad to say that I
am not alone in my conclusion.

" The only adverse criticism I have received has
been from certain members of the Board of Fire Un-
derwriters and from individual managers of fire in-
surance companies, who have been incensed that my

Messages to the Legislature 77

investigators should have .obtained policies from their
companies.

" Those who have challenged our figures have been
convicted of error by confronting them with their own
public utterances made previous to our exposure of
lax fire insurance methods. The arguments presented
by these parties have been trifling in weight and easily
refuted. ., ;

' ' I feel safe in assuring Your Excellency that public
opinion is entirely in our favor and that it has been
thoroughly aroused.

' ' All that .is necessary now is to follow up the work
inaugurated by the Fire Department, by legislation
compelling changes in present methods of doing fire
insurance business in this country.

" It would seem that the companies would see the
error of their ways and voluntarily oft'er to make neces-
sary reforms in their present methods. But from in-
formation I have been aJble to gather, they appear de-
termined to continue in their present course, and are
displaying a supercilious contempt for public opinion.
As the position which they have taken up is untenable,
and is against the common good, they cannot long
occupy it.

" I recognize that the duties of your important pub-
lic ofiice prevent you from giving detailed . attention
t» many subjects, even of extreme moment, but I feel
quite sure that where a matter of actual life and death
— to say nothing of vast property loss to large bodies
of citizens — is involved that Your Excellency will not
fail to give this particular matter the personal con-
sideration it most certainly deserves.
" Respectfully,

" JOS. JOHNSON

" Fire Cow.mis.tioner "

78 Public Papers of Goveenob Sulzeb

In my opinion, this is a matter of much moment con-
cerning the general welfare, and it seems to me de-
mands the immediate attention of the Legislature, to
the end that the evils to which reference is made be
remedied at the earliest possible day. Hence I renew
my recommendation that the State of New York should
have the best Standard Fire Insurance Policy in the
country.

■'-!•! (Signed) WM. SULZER

On Promotion and Direction of Agricultural Education
and Country Life Advancement

State of New York — Executive Chambek

Albany, February 17, 1913
To the Legislature:

I have the honor to transmit herewith a report re-
cently made to me by the New York State Agricultural
Advisory Board, organized under chapter 785 of the
Laws of 1911 and having as its object the promotion
and direction of agricultural education and the ad-
vancement of country life.

In my annual message to the Legislature on Jan-
uary 1st the recommendation was made that agricul-
tural education should be fostered until agriculture
is taiight not only in a few colleges in the State but in
every high school in our Commonwealth and that
whatever is within the power of the Legislature to
do to sustain, to promote and to upbuild the agricul-
tural resources of the Empire State should speedily
be done.

The report of the State Agricultural Advisory Board
declares that its members have adopted certain reso-

; Messages to the Legislature 79

lutions bearing upon the question of agricultural edu-
cation. These resolutions are herewith submitted to
your honorable bodies as of general interest to thfe
people of the State and I commend them to your most
friendly consideration: »

" (1) That the main effort toward the introduction
of agricultural education, whether through State or
local aid, be directed toward the study of agriculture
and rural subjects in the public high schools.

" (2) That in addition to those institutions already
authorized to train teachers of agriculture, special and
adequate provisions be made for training such teach-
ers at the State Normal College and in one or more
Normal Schools.

" (3) That the State Department of Education give
direction, at a few points distributed with reference
to the leading agricultural industries, to the develop-
ment of adequate teaching equipments in high schools
which may serve as examples and illustrations for -the
further extension of such equipment.

" (4) That the Special State Schools already estab-
lished be developed toward teaching home economics
and agricultural technology, the latter somewhat spe-
cialized for each school. u ,

" (5) That the further deyelopmeiit of the Special
State Schools, when this may safely and wisely be
accomplished, shall be made with reference chiefly to
the fruit and vegetable growing interests, under which
policy the southeastern and western parts of the ^State
would be considered by the establishment of one school
in each of those sections ; and thereafter special schools
of agriculture shall be established only if the people
of a locality determine whether they desire a school
and will take a subs]tantial part in its financial support.

" (6) That this Board favors legislation enabling

80 Public Papers of Govebwoe StfLZES

cities of the first and second class to establish public
schools of agriculture either within or without the
limits of said cities.

■' (7) That in schools of agriculture hereafter es-
tablished, the Commissioner of Education, the Com-
missioner of Agriculture and the Director of the State
College of Agriculture at Cornell University, shall be
ex-officio members of the Board of Trustees."'
" That the following resolution be reaffirmed:
" That this Board recommends to the State:
' ' The policy of the further introduction of instruc-
tion in agriculture into the public schools ; and that to
better accomplish this result, plans should be perfected
as rapidly as possible for maintaining agricultural in-
struction with large allotments ; and that an allotment
be provided each school, union or high school, teach-
ing a class of not less than iifteen in agriculture, and
for the common district school giving an approved
course in nature study."

(Signed) WM. SULZEE

Public Health

On Findings and Recommendations of Special Commis=
sion Appointed by Governor to Collect Facts, Receive
Suggestions and Make Recommendations as to
Changes in the Public Health Law and Their
Administration

State of New Yokk^ — Executive Chambbk

At,-BAi^Y, February 19, 1913
To THE Legislature:

One of the first fiuties of ihe State is to protect the
life and promote the health of its citizens. There is

Messages to the Legislattjee 81

no more important subject of public administration
than public health. The State comes very close home
to the individual when it saves him from sickness and
even from death. This, it can do, does do, and should
continue to do in a much larger degree. **

Believing that large opportunities in this direction
were as yet only partially utilized in this State, on
January 10th last I appointed a special commission
to collect facts, receive suggestions, and make recom-
mendations as to changes in the public health laws
and their administration. This commission of emiiient
citizens consisted of Hermann M. Biggs, M. D., chair-
man; Homer Folks, secretary; John A. Kingsbury,
assistant secretary; E. E. Baldwin, M. D., W. E. Mil-
bank, M. D., Mary Adelaide Nutting, John C. Otis,
M. D., and Ansley Wilcox.

In order that needed legislation might be considered
and enacted at this session, I requested the Commis-
sion to report to me in part at least, by February 15th
instant.

In the short period of five weeks the Commission has
collected a surprisingly large amount of authoritative
information with regard to public health work in the
various portions of the State. At ten public hearings
it has received suggestions from sixty persons. It has
communicated with the health oflBcers of all towns, vil-
lages and cities of the State. It has made detailed
inquiries through personal representatives as to public
health conditions and administration in every town and
village of two counties selected as typical.

On February 15th the Commission reported to me
its findings and recommendations, which I transmit
herewith for your careful consideration, and which will
be followed ere long by a draft of a bill we are pre-
paring to carry these recommendations into effect.

82 Public Papers of Goveknoe Sulzee

There is now no well co-ordinated system of public
health administration in this State. Each- town, vil-
lage and city, except cities of the second class and
Rochester, has its own local board of health, which is,
to all intents and purposes, a law unto itself. It is
manifest that although there are 1,400 towns, villages
and cities in the State, there are not 1,400 different
ways of dealing efficiently with each of the detailed
problems of disease. A good method of controlling an
outbreak of smallpox in one community is good in the
others. The best methods of preventing the spread' of
the infection of typhoid fever in one community are
the best methods for the State as a whole. A system
of isolation and quarantine in dealing with scarlet
fever which works well in one city will work well in
other cities. . A board of health consisting of a super-
visor, justice of the peace, and other local authorities
of a town is not prima facie a qualified body to define
an adequate method of stamping out diphtheria.

There are many subjects as to which complete local
control and direction are imperative, but in matters of
public health, the interests of all parts of the State
are closely interwoven. In general, the cities appear
to have worked out their health problems more effect-
ively than the smaller communities and rural districts.
The urban death-rate, some years ago well above that
of the rural and village population, has steadily fallen
and is now below the rural and village rate. There
appears to be no reason why the rural and village
death-rate, and also the urban death-rate, should not
be further greatly diminished. With all the natural
advantages of rural life, there is no reason why the
death-rate in the country should not be brought well
below that of the city. I am convinced that by proper
action, by carrying out the recommendations in this

Messages to the Legislature 83

report, this can be brought about. A reduction of two
in the number of deaths per thousand of popula-
tion outside of cities of the first class would mean a
saving of 7,000 lives per annum. By competent sani-
tary experts it is considered perfectly practicable to
secure this result within a few years.

Aside from the economic value of everything which
tends to conserve human life and efficiency, there are
several important financial factors. It is a surprise
to learn that the fees paid members of town and village
boards of health last year in one county of the State
amounted to $1,592.80, and in another county to some
$1,200, indicating that the total amount paid by town
and village taxpayers to members of local boards of
health for attendance at meetings is from $70,000 to
$100,000 per annum. No adequate returns for this ex-
penditure are evident. The methods of quarantine in
vogue in many localities involve great economic loss,
amounting, possibly, I am told, to as much as half a
million dollars per annum. An outbreak of smallpox
in any city or village involves serious losses to its busi-
ness men, most of which are clearly avoidable. It may
be conservatively estimated that the saving that would
result from an efficient control of preventable disease
other than tuberculosis throughout the State would
be not less than $10,000,000 per annum. Efficient pub-
lic health administration pays. The motto of the New
York City Health Department, ' ' Public health is pur-
chasable. Within natural limitations, any community
can determine its own death-rate, ' ' should be made the
mo.tto of the State.

The Commission's report confirms my impression
that there are very great opportunities for wise co-
operation of local and State agencies in the protection

84 Public Papers of Governor SxjijZer

of health and the saving of life. The 14,000 deaths per
annum from tuberculosis can be greatly reduced in the
near future. The people have determined that tuber-
culosis must be conquered. Last year's deaths from
pulmonary tuberculosis were 821 fewer than the year
before — 379 fewer in the city of New York, and 442
fewer outside of the city. The movement for the pre-
vention of tuberculosis is under way, but it needs
greater momentum. ; It is not a one-season campaign,
but a war, and no one knows through how many sum-
mers and winters it may last. It is our duty to prose-
cute it with all vigor. The people are with the move-
ment.

In St. Lawrence county last week in eight towns the
people voted upon the question of taxing themselves
to establish and maintain a tuberculosis hospital. The
proposition was carried in every town by majorities
ranging from 2 to 1, to 8 to 1.

Another thing. The loss of 7,000 babies in this State
per annum must be stopped. The remedy is simple —
State-wide registration of births, and in industrial cen-
ters of population a sufficient number of infant welfare
stations. A striking reduction in the infant mortality
in New York city has accompanied the establishment
of infant welfare stations. Prior to 1911, the number
of deaths from diarrhoea and enteritis of infants under
two years of age in New York city had been uniformly
much over 5,000 — in 1910 it was 5,655. In 1911 a
number of new infant welfare stations were established
and the number of these deaths dropped to 4,479. In
1912, fifty-five stations were maintained by the health
department of that city and the number of deaths
under two years; from diarrhoea and enteritis further
. declined to 3,958 — a reduction in two years of 1,697

Messages to the Le6isi;ATUbk 85

infant deaths due to these causes as a result largely of
infant welfare stations. In Greater New York the
people have decreed that the needless sacrifice of inno-
cent infant life shall cease. The rest of the State
should speedily follow this excellent example. *

It is my opinion that 1,128 deaths per annum from
typhoid fever is at least 1,000 too many. Diphtheria,
measles, whooping cough — the deaths from all these
can be greatly diminished. Not alone by controlling
these infectious diseases, but also by creating increased
interest in the subject of public health, the average
of physical vigor, efficiency, and productivity can be
greatly increased.

Among the more important refornis which the Com-
mission recommends in order to make rapid progress
toward these desirable results are the following:

1. That the tenure and compensation of the State
Health Commissioner be such as to secure and retain
the most efficient man in the State for that service, and
that he be required to devote substantially his entire
time to his official duties.

2. That a Public Health Council be established with
power to adopt sanitary regulations.

3. That the State Commissioner of Health exercise
supervision over local health authorities and be speci-
fically charged with the enforcement of the Public
Health Law.

4. That the State, outside of New York city, be di-
vided into at least twenty sanitary districts with .
expert sanitary supervisor in each devoting full tin
to health work.

5. That the duties of town and village health boards:
not otherwise provided for be transferred to town
boards and village boards of trustees.

86 Public Papers of Govbenob Sulzee

"6. That health officers of towiQS and villages receive
an annual minimum salary equivalent to at least fifteen
cents per inhabitant of the village or town.

7. That health officers of towns and villages be
charged with the following duties: (a) Annual survey
and a continuous supervision of their districts, (b)
Examination of all school children, (c) Inspection of
all school buildings and places of popular assemblage-,
(d) Popular education as to public health, (e) Secur-
ing full registration of communicable diseases and of.
births and deaths, (f ) Enforcement of public health
laws and regulations.

8. The enactment of a modern statute for birth reg-
istration and other vital statistics.

9. Authority for each city, county, village .and town
to employ trained nurses, as infant welfare nurses,
school nurses, tuberculosis nurses, and to visit the sick.

10. That the tuberculosis law be amended so as to
provide (a) for more complete reporting of cases;
(b) for supervision of reported cases by trained
nurses ; (c) for compulsory removal and detention- of
da,ngerous cases.

11. Additional State provision for incipient, cases of
pulmonary tuberculosis.

12. That a bureau of child hygiene, and a bureau of
public health nursing, be added to the State Depart-
ment of Health.

13. County hospitals for tuberculosis where not al-
ready established.

14. Adequate laboratory facilities readily available
for all health authorities.

15. Establishment of contagious disease hospitals by
local authorities., and their inspection by the State
Health Department.^

Messages to the Legislature 87

16. Eegulation of midwifery.

17. Reports of health officers made presumptive evi-
dence of facts stated ; and such officers freed from per-
sonal liability, if acting in good faith.

18. Extension of educational work of the State De-
partment of Health.

19. Encouragement of courses in sanitary science in
educational institutions.

The facts set forth in the Commission's, report fuUy
justify these recommendations. I strongly urge that
the legislation necessary to carry them into effect be
enacted promptly.

The Commission calls attention to a number of other
subjects having a vital relation to public health, as to
which it believes action should be taken, but concerning
which it has not been able in the limited time, to formu-
late specific recommendations. I have therefore asked
ithe Commission to continue its ,;w.ork,„an(i, to report
to me at a later date upon these and, other pertinent
matters., ,, ,

It is gratifying to say the Commission has served
wholly without compensation and has provided for its
own expenses, except for stenographic services.; The
people of this State are under permanent obligations to
its members for their painstaking and public-spirited
services. They deserve the commendation of the
people and the thanks of the State. They have done,
and are doing, a great work for the general welfare.
, (Signed) WM. SULZER

For report of Commission see page 605.

88 Public Papees of Goveenob Sxjlzeb

Submitting Draft of Bill to Carry into Effect the Recom-
mendation of the Special Public Health Commission
Appointed by the Governor

State op New York — Exectjtivb Chambee

Albany, March 11, 1913
To the Legislatuee:

In my message addressed to you on February 19th,
transmitting the report of the Public Health Commis-
sion appointed by me on January 10, and urging its
adoption, I stated that a draft of a bill to carry these
recommendations into effect would follow. I beg to
submit such a draft herewith, and to earnestly urge
its early and favorable consideration at your hands.

The Chief Executive of the United States, in his
inaugural address, said :

' ' Nor have we studied and perfected the means
by which government may be put at the service of
humanity in safeguarding the health of the nation,
the health of its men, and its women, and its chil-
dren, as well as their rights in the struggle for
existence. This is no sentimental duty. The firm
basis of government is justice, not pity. These
are matters of justice."

This bill is a justice-promoting measure. By its en-
actment the State would perform in a more nearly ade-
quate degree the imperative duty resting upon it to
protect the health of its citizens. This measure, if en-
acted, would place the State of New York in the front
rank of those States in which the people, through their
duly constituted representatives, have taken wise and
far-sighted action to promote health, vigor and effi-
ciency. ♦

(Signed) WM. SULZER

Messages to the Legislattjee 89

Transmitting Report of Committee of Inquiry

State or New York — JExecxjtive Chambbb

Albany, March 24, 1913^
To THE Legislatubb:

Upon my induotion into the office of Governor of this
State, I found that the expenses of the administration
of the government of the State had several times multi-
plied during the past generation, and that the expenses
had mounted to so startling a figure that an investiga-
tion of the causes for such result was imperative, in
order that the people of the State, who are obhged to
furnish the revenue for the support of government,
might be advised thereof, and in order that application
of sound business and financial principles to the affairs
of the State might be advanced.

In my first message to the Legislature, I invited at-
tention to this most important subject; and, actuated
by a desire to safeguard the rights of the people and to
give them a wise and economical business administra-
tion of the' State 's affairs, I availed myself of the au-
thority, granted to the Governor by the executive
law, to appoint a committee to conduct such investiga-
tion. The report of that committee is now before me,
and I herewith transmit it to the Legislature. It is so
complete, concise and intelligent that an analysis of it
in this message is not only unnecessary, but, in my
judgment, it would be unwise for me, by such analysis,
to divert attention from the report itself, which is
worthy of the attentive reading and careful considera-
tion of every member of the Legislature, and of the
people generally throughout the State. Therefore, it
seems to me wiser to submit the report of the Commit-
tee of Inquiry to the Le^slature with my general

90 Public Papebs of Goveenoe Stjlzeb

recommendation that it be approved, and that the bills
which are suggested be enacted into laws.

If the notion has taken lodgment in any mind that
the prerogatives of the Legislature have been in the
least invaded by the work of the Committee of Inquiry,
a moment's reflection will dissipate that view. There
has been no effort,; in any way, to interfere with the
constitutional power of the Legislature; and, beyond
that, the Committee of Inquiry has carefully avoided,
as a reading of the report will demonstrate, any ap-
pearance of the assumption ; of interference with the
recognized authority of the co-ordinate branches of the
State government.

Thus it will be readily appreciated that the Com-
mittee of Inquiry omitted all investigation as to the
legislative and judicial branches of the State govern-
ment. It devoted its efforts to investigations with
respect to the administration of the State's affairs for
the purpose of suggesting necessary economies and
recommending the promotion of efficiency in such ad-
ministration. The results of its labors wUl, I have no
doubt, be appreciated by the legislative branch of the
State government, as it is by the Executive.

In the organization of the Committee of Inquiry, my
anxious endeavor was to secure the services of wise
and competent men who could be depended upon to,
disinterestedly and without malice or partisanship,
devote themselves to the important work committed to
them. The result of the Committee 's work abundantly
justifies my confidence in its membership. The re-
markable industry and energy of the Committee cannot
be too highly cormnended. In an all too brief period of
time, it has performed extensive and arduous labors
with a thoroughness that challenges favorable com-

Messages to the Legislature 91

parison with "the work of any public investigation of
which I am aware.

The untiring devotion of its members to the accom-
plishment of the lofty purposes of the investigation has
set a standard and furnished an example of patriotic
endeavor, which, it is hoped, will be emulated in the
future. Its work commands the admiration of public
officials, and compels the gratitude of the people of the
State.

The chairman of the Committee, John N. Carlisle, is
one of the leading lawyers of the State and a citizen
of the true public spirit, as well as a man of the highest
character and the broadest capacity. The second mem-
ber of the Committee, John H. Delaney, has earned
his way to recognition in the business world as a wise
administrator, and has now taken his place in the
public life of the State as a citizen devoted to the gen-
eral welfare. The third member of the Committee, H.
Gordon Lynn, has earned an enviable reputation as an
accountant and a systematizer of business manage-
ment. In addition to his expert knowledge, he brought
to bear upon the work of the Committee his thorough
acquaintance with affairs of public accounting gath-
ered in the city of New York, all illuniinated by his
pronounced devotion to the cause of economic, efficient
and good government.

The counsel to the Committee, John T. Norton, is
Deputy Attorney-Greneral, former member of : As-
sembly, former Corporation Counsel of the city of
Troy, honored by his party by a nomination for the
office of Secretary of State, and last year endorsed by
the bench and bar of this vicinity for nomination for
the office of Associate Justice of the Court of Appeals.
He is recognized as one of the most able and schqlarly
lawyers in practice in this State.

92 Public Papees of Govebnoe Sulzee

Naturally, from their character and experience, these
distinguished public servants aimed at the highest
ideals, and the only regret that comes to me is that
such devoted service to the people was necessarily for
only so limited a period. They have done splendid
work. They have saved the taxpayers millions of dol-
lars. They have confirmed my confidence in their
ability. They have earned the gratitude of the people
of the State.

It is the recommendation of the Committee of In-
quiry in its report that the great work which it has
thus hastily, but with remarkable thoroughness, accom-
plished, should not be a passing work of wisdom, to
be read, admired, commended and then neglected.

In a somewhat similar effort to promote efficiency
and economy in the administration of the Federal Gov-
ernment, more than two years have been occupied by
a commission at Washington. The work of the Com-
mittee of Inquiry, during the brief space that has inter-
vened since the beginning of this year, will not suffer
by comparison with the two years' work performed at
Washington.

If efficiency and economy in the administration of
the State's affairs are to be furthered and made a per-
manent endeavor, the work must be continued. The
Committee recommends the establishment of a Depart-
ment of Efficiency and Economy, and wisely supple-
ments that recommendation by legislation which wUl
uphold the hands of the Commissioner of Efficiency and
Economy by putting into operation, for the general
welfare of the people, a systematic business and
financial management of the State's business and
financial affairs. It is high.time the State of New York
was placed on a business basis in the administration
of its affairs.

Messages to the Legislature 93

If tlie Legislature will approve these reoommenda-
tions, a long step forward in the interest of efficient and
economic administration will be at once taken, and a
permanent policy will be established which will reduce
to the minimum the expenses of the administration oi
the State's government; and, thus, the interests of the
taxpayers throughout the State will be ' safeguarded
against waste, extravagance and inefficiency.

With the interests of the people at large before our
minds, it seems to me that it is the imperative duty of
the le^slative and executive branches of the State
government to regulate the business management of
the State 's affairs upon the lines advised by the Com-
mittee. I am convinced that there is no room for doubt
as to the wisdom of adopting this course.

It is, therefore, without hesitation and with the full
consciousness that I am performing to the extent of
my constitutional authority a patriotic duty to the
people of the State, that I recommend the enactment
into law of these measures for the promotion of effi-
ciency and economy in the administration of the
State's business and financial concerns.

The legislation recommended by the Committee of
Inquiry has had my most careful consideration. Its
wisdom is abundantly justified in the Committee's re-
port. It rests upon good reason. These progressive
measures have been carefully prepared. They are in
the interest of the people. They define a wise public
policy. Their enactment into laws will redound to
the credit of the Legislature that approves them.

The work of the Committee of Inquiry has inaugu-
rated a business system for the State. The old methods
of waste and extravagance, or worse, must be dis-
carded. The people, demand an honest and efficient
business administration of their affairs. They are

94 Public Papeks of Gtoveknoe Sulzek

entitled to nothing less. If the recommendations here-
with submitted shall find place in the body of the
State 's law, the great Empire State of New York will
take the place, which rightly belongs to it, at the head
of its sister states, furnishing to its people a wise,
honest, efficient and economical administration of gov-
ernment. The people of the State so demand. It is
our duty, as representatives of the people, to enact this
demand into law.

WM. SULZEK

For Report of Committee of Inquiry, see page 652.

Conservation of Natural Resources

Regarding the Diversion of the Waters of the Niagara
River and Transmitting Letter from Attorney-Gen-
eral Carmody on the Subject

State of New York — Executive Chamber

Albany, April 7, 1913.
To the Legislature:

On the third instant the Attomey-G-eneral wrote me
a letter regarding the diversion of the waters of the
Niagara river for hydro-electric power, which is as
follows :

" State op New York

' ' Office of the Attorney-General

"Albany, April 3, 1913
" To His Excellency, Governor Sulzer, Albany, N. Y.:
" My Dear Governor Sulzer. — I believe that the
situation in respect to the diversion and use of the

Messages to the Legislatuee 95

waters from Niagara river for hydro-electric power,
as at present permitted, should receive the prompt at-
tention of the Legislature of the State of New York.
' ' ' The title to the center of Niagara river, both in the
bed of the stream and in the waters that pass over it,
is in the State of New York, subject to such rights as
individual riparian owners may have and subject also
to Federal control in the interests of commerce, and
for the purpose of protecting the navigability of the
stream.

" I believe that Federal control under the Constitu-
tion is limited to these two purposes, and that the Fed-
eral government has not power to regulate the diver-
sion of water for power purposes, or for any purpose
other than that eipressly given it in the Federal
Constitution.

" On January 11, 1909, the United States govern-
ment and Great Britain entered into a treaty for the
purpose of regulating the diversion of water from the
Niagara river, which treaty permitted a diversion not
to exceed twenty thousand cubic feet per second on the
American side of the river. The Federal government,
pursuant to the terms of this treaty, enacted a law
known as the Burton Act, which prohibited a diversion
in excess of fifteen thousand six hundred cubic feet per
second, and which empowered, the Secretary of War
to issue permits under the limitations of this act for
the use of the waters of the river for power purposes.
Pursuant to this power, the Secretary of War issued a
permit to the Niagara Falls Power Company and to the
Hydraulic Power Company of Niagara Falls, permit-
ting the former to divert eight thousand six hundred
cubic feet per second, and the latter, six thousaaad five
hundred cubic feet per second ; aggregating a total of

96 Public Papbes of Govbbnob Sulzeb

fifteen thousand one hundred cubic feet per second, or
five hundred cubic feet per second less than the diver-
sion permitted by the Burton Act.

" The State of New York has, during the past two
years vigorously opposed the principle of Federal con-
trol as embodied in the Burton Act, and was repre-
sented before the Committee of Foreign Affairs in
Congress repeatedly in oppositioi;i to the extension of
that act, which expired on March 4, 1913 ; since which
time there has been no Federal control of the diversion
of the waters of Niagara river, unless the permits is-
sued under the Burton Act are still valid, which I do
not believe.

' * An investigation of this matter was made by Col-
onel Lucas, employed as consulting engineer by the
Canal Board. I have his report before me, which is to
the effect that since the expiration of the Burton Act
the Niagara Falls Power Company has been using
about ten thousand five hundred cubic feet of water
per second, and the Hydraulic Power Company of
Niagara Falls about nine thousand five hundred cubic
feet per second, or a total diversion of twenty thousand
cubic feet per second, being the total amount permitted
to be diverted from the river by the treaty between
this country and Great Britain.

' ' The report of Colonel Lucas as to the amount now
being diverted is based upon admissions of the officers
of the companies.

' ' I submit for your consideration a brief memo-
randum of the facts and a discussion of the law appli-
cable thereto, as I understand it.

" The Hydkaxjlic Power Company or Niagara Falls

' ' The Hydraulic Power Company takes water from

the river and conducts it by a canal fourteen by one

Messages to the Legislature • 97

hundred feet, through the city of Niagara Falls for a
distance of about one mile, to its power plant, dropping
the water in penstocks to the turbines below, securing
a head of about two hundred and twelve feet.

' ' I believe this diversion cannot be legally made as
a riparian owner. As such owner, the company may
have the right to use the water in front of its property
for power or other purposes. But I do not think the
right, if it exists, justifies the diversion of the water
from the river as it is diverted by the canal used by
the company, notwithstanding the fact that the water
is returned to the river below the plant of the company.

"In addition to its riparian rights, however, this
company secured from the Legislature in 1896 (chap-
ter 968 ) an act recognizing and confirming the right of
the company to take, draw, use and lease and sell to
others the waters of Niagara river for domestic, munic-
ipal, manufacturing, fire and sanitary purposes, and
also to develop powers therefrom for its own use ; and
to lease and sell to others to use for manufacturing,
heating, lighting and Other business purposes, the
quantity being limited and restricted to such amounts
of water as may be drawn by means of the hydraulic
canal of said company; which canal is limited to a
width of one hundred feet and to a depth and slope
sufficient to carry at all times a maximum uniform
depth of fourteen feet of water. This act, however,
provides that the rights therein granted and conferred
shall not impair the practical navigation of Niagara
river. This act recognizes an existing right, but limits
its exercise. It does not in express terms undertake
to grant any right or powers to the company in addi-
tion to those theretofore appurtenant and exercised as
riparian owner.
Vol. 1 — 4

98 . Public Papers of Governob Stjlzeb

' ' I believe, therefore, that whatever rights the com-
pany now has to divert water from the Niagara river,
without passing upon the validity, at this time, of the
permits issued by the Secretary of War under the
Burton Act, must be justified by its riparian owner-
ship and not by any grant from the Legislature.

" Niagara Falls Power Company

" This company takes water from the river at a
point south of the intake of the Hydraulic Company,
and conducts it by a surface canal to its power plant,
which lies a hundred feet, or thereabouts, east of the
river, dropping the water by penstocks about one hun-
dred and thirty-six feet into the turbines, whence it is
discharged below the falls by a subterranean tunnel
running under the city of Niagara Falls.

' ' This company has, from time to time, received from
the Legislature grants which, if valid, are sufficient to
authorize it to take water from the river for power
purposes and to generate power in the shape of elec-
tricity or otherwise. I am informed, however, that this
company asserts its right to the diversion of these
waters as riparian owner. The grant from the Legis-
lature, chapter 513 of the Laws of 1892, limits the
diversion of water to such an amount as shall be suffi-
cient to produce two hundred thousand effective horse
power. The act also provides that the grant thereby
made, as well as any former grant, shall not be con-
sidered as conferring an exclusive right, or any right
to infringe upon the State Eeservation, nor the right
to obstruct navigation in the Niagara river.

"As regards the company's riparian rights, I am of
the- opinion that this would not justify the diversion
of the water out of the bed of the river to the distance

Messages to the Legislature 99

that it is now diverted, notwithstanding the fact that
it is afterward returned to the river. The company
must, therefore, be prepared to justify its use of the
water under the legislative grants mentioned and
under the permits issued by the Secretary of War.
Inasmuch as the Burton Act has expired, under which
the permits of the Secretary of War have been issued,
I am not prepared to say that these permits have any
further validity or that any diversion of water from
the river can be justified under these permits.

' ' Neither company pays the State any revenue. In
this connection it is important to observe that the
Canadian companies, for diversion of the water from
the Canadian side of the river, pay tlie following
rentals: One dollar and fifty cents for each horse
power up to twenty thousand ; $1 for the next ten thou-
sand horse power; 75 cents for the next ten thousand
horse power ; 50 cents for every horse power thereafter.

" Recommendations

' ' I believe it to be incumbent upon the State of New
York to act promptly with a view to protecting the
scenic grandeur of the Niagara river and its naviga-
bility. This the State may do in its sovereign right
and capacity; and this the State should do in view of
the fact that the Burton Act has expired and that ex-
press Federal control over the diversion of waters
from the river has thereby ceased.

' ' I believe it to be the duty of the State to recognize
the provisions of the treaty between this country and
Great Britain, which prohibits the diversion on the
American side of the river exceeding twenty thousand
cubic feet per second. It is, indeed, probable that the
limitation should be restricted to that established by

100 Public Papers of Govebnoe Sulzee

the Federal government in the Burton Act, namely,
to fifteen thousand six hundred cubic feet per second.
At least, no diversion should be permitted, I believe,
beyond that amount until a thorough examination of
the matter indicates that the beauty of the Falls would
not be impaired by a diversion of a larger quantity of
water.

' ' Whether or not the companies at present using
the waters of the Niagara river without compensation
may be restrained from so doing, or whether or not
the franchises heretofore granted by the State may be
rescinded, are matters that may be attended to here-
after in the courts. Legislative action, however, I
believe to be imperative at this time, along the lines
above suggested.

" It may not be wise for the State at this time to
take any action that would advei'sely affect the prop-
erty interests that have been acquired under the per-
mits heretofore granted. In view of the fact, however,
that these companies have received these enormous
benefits without compensation, I suggest the advisa-
bility of imposing a special franchise tax upon the fran-
chises received, or upon the profits of the companies,
until such time as the State shall have adopted a
policy of dealing with the surplus waters of navigable
streams.

"All of which is respectfully submitted.

"(Signed) THOMAS CAEMODY,

^^Attorney-General. ' '

This able exposition of the subject-matter by the dis-
tinguished Attorney-Greneral speaks for itself, and I
concur substantially in his recommendations that the
Legislature should now take prompt action in the
premises with the view of protecting the scenic gran-

Messages to the Legislature 101

deiir of Niagara Falls, and conserving the rights of
the people of the State.

The State of New York is committed to the p-olicy of
conserving all of its natural resources, and particularly
of developing its vast water powers so that they can be
utilized for the benefit of all the people.

(Signed) WM. SULZEE

For a Reform of the Election Laws, for a Simpler and
Shorter Ballot and for Direct State=Wide Primaries

S^ate of New York — Executive Chamber

m T Albany, April 10, 1913

To THE Legislature: ' "^ '

As the legislative session is drawing to a close, I
deem it my duty, in the interest of the general welfare,
to again call your attention to the insistent demand of
the people throughout the State for a reform of the
election laws ; for a' more simple and shorter ballot ;
and for direct State-wide primaries.

To that end I renew my recommendations that the
■Legislature take up these very important questions
without further delay and pass bills ere the adjourn-
ment far their accomplishment.

The Democratic party in convention assembled, at
Syracuse, adopted the following plank as a part of its
platform :

" We favor the amendment of existing election
laws wherever experience has demonstrated that
changes are necessary to improve their effective
operation and to decrease the expense of elections ;
and in particular to facilitate the making of inde-
pendent nominations.

102 Public Papers of Goveknok Sulzeb

' ' We condemn the Republican Assembly of 1912
for refusing to join the Democratic Senate in pass-
ing the Loomis bill which reduced the expense of
elections by decreasing the number of days of reg-
istration and lowering the salaries of election
officials.

" The Democratic party was the first to recog-
nize the demand for a State-wide direct primary
and so declared in the Rochester platform of 1910
and the Democratic Legislature of 1911 despite
Republican opposition enacted the first State-wide
direct primary law in the history of the State. We
again declare in favor of the principle of the direct
primary and we pledge our Legislature to adopt
such amendments to the existing laws as will sim-
plify and perfect the direct primary system. ' '

The Progressive party in its convention, last fall,
adopted the following plank as a part of its platform :

' ' We pledge the enactment of a real direct pri-
mary law applicable to every elective office and a
Presidential preference primary law. ' '

The Republican party in its convention, last year,
adopted the following plank as a part of its platform :
" We favor the short ballot, surrounding
primary elections with the same safeguards as
regular elections, the direct election of party com-
mittees, the direct nomination of party candi-
dates in congressional, senatorial. Assembly,
county and municipal subdivisions, and the direct
election of delegates to State conventions, with
the right of party electors to directly express
their preference for nominations for State offices
if they so desire.

Messages to the Legislattjee 103

" We further advocate that the cumbersome
method of nomination of independent candidates
for offices by petition be simplified so that those
who axe dissatisfied with the nominations made
by regular political parties may have the names
of their candidates placed upon the ballot in a less
burdensome way."

It is thus apparent that all the political parties in
our State are irrevocably committed to these salutary
reforms. As a matter of fact all the members of the
Legislature are bound by these pledges, and will be
false to their promises unless legislation is enacted
at this session for electoral reform' and a State-wide
direct primary.

In my message to the Legislature at the beginning
of the year I said : ' ' We are pledged to the principle
of direct primary laws State-wide in their scope and
character, and I urge the adoption of such amend-
ments as will simplify the procedure and make com-
plete and more effective the direct primary system of
the State."

Believing as I do in these reforms I renew my
recommendations, and unhesitatingly affirm that noth-
ing will gratify me more than to be able to attach my
signature to bills that will give the people of the State
the best election laws and the most complete direct
primary law possessed by any State in the Union.

It is my opinion that the people of the State are in
favor of nominating all candidates for elective office
from Governor and United States Senator down to
constable. The primary law should be as simple, and as
honest, and as practicable, as legislation can make it.
Every safeguard now thrown around the ballot box
on election day should be invoked to protect the ballot
box on primary election day.

104 Public Papbbs of Governor Sulzer

The electors can rely on me to favor these changes
in our election laws as I shall every other reform to
restore the government of the people to the people.
I have always claimed that the people cap be trusted
to conduct their government, and were just as capable
of nominating candidates for office as they were of
electing candidates to office. In a government such as
ours we must rely on the people, and we should legis-
late in their interest and to promote their welfare.

I know that the people of this commonwealth, in
common with the people, of our sister States, believe
that if they are qualified to choose by their votes on
election day governors, judges, senators and congress-
men, they are also competent on primary day to nomi-
nate these same officials, not some of these officials,
but all of them, and I therefore urge the speedy enact-
ment of legislation that will make every candidate for
public office the choice of the people.

If it is wise to trust the people with the power to
nominate some public officers, I am sure it is wise to
trust them with the power to nominate all public offi-
cers. I believe it is as wise to .trust them to nominate
a Grovernor as to trust them to nominate a constable,
and as wise to trust them to nominate a judge of the
Court of Appeals as to trust them to nominate a jus-
tice of the peace.

The people have been given this power in many
other States and they have used it to bring about
greatly improved conditions. Let the Empire State
put itself in line with the foremost States in all the
tJnion, by favoring nominations by the people, for
thus only can we secure a government of the people.

While the main defect in our primary law is that w«
have not made it applicable to State officers yet there
are other defects that we should remedy. Primary

Messages to the Legislature 105

ballots in some districts in New York city have been
from eleven to fourteen feet in length, and a law
placing before an elector on primary day such a
ballot as this deserves the ridicule it has receiv^.
As long as Assembly districts are made the' unit of
representation such ballots will be possible and I
recommend that election districts instead of Assembly
districts shall be made the unit of representation.

r also recommend the abolition of all committee
designations; the prohibition of the party emblem on
primary ballots ; the removal of the party circle from
the primary ballots; the prohibition of the use of
party funds at primary elections; and the establish-
ment of a State committee membership of one hundred
and fifty — or one for each Assembly district.

I further recommend reducing the number of names
required bn a nominating certificate; the authoriza-
tion of registration on primary day; and a proper
limitation of the amount that may be expended by any
candidate for the purpose of securing a nomination.
The law should also prescribe the expenses which may
be lawfully incurred in connection with candidacies
for nomination, and should insure the publicity of all
expenses.

The enactment of these regulations into law will, I
am confident, permit the voters of the State to con-
struct political organizations from the bottom up-
wards, instead of permitting them to be constructed
from the top downwards. The power which, controls
organizations is usually the power that controls nomi-
nations, and the power which controls nominations is
the power which controls public officials.

How vitally important, therefore, that this power
should be wielded by the many and not by the few.
The changes which I advocate in our primary law are

106 Public Papers of Goveenok Sulzee

in harmony with the spirit of the times and of demo-
cratic institutions. They aim to restore to the people
rights and privileges which have been usurped by
the few, for the benefit of invisible interests which
aim to control governmental officials, to pass laws, to
prevent the passage of other laws, and to violate laws
with impunity. To these invisible powers I am now,
always have been, and always will be opposed.

No government can be free that does not allow all
its citizens to participate in the formation and execu-
tion of its laws. Every other government is a form
of despotism. The political history of recent years
illustrates the truth that under the forms of demo-
cratic government popular control may be destroyed,
and corrupt influences, through political organization,
establish a veritable despotism.

That popular government, under Grod, shall be res-
urrected and made actual, the Legislature of this
State is urged to carry forward the work of reforming
our election and primary laws, so that in matters
political every man shall count for one and no man
shall count for more than one.

(Signed) WM. SULZER

Asking the Enactment of Legislation to Establisti a State
Printing Board

' State of New Yokk — Executive Chamber
To THE Legislature: Albaky, May 1, 1913

I respectfully ask that Assembly bill, introductory
No. 2085, to establish a State printing board, com-
prising the Attorney-General, the State Comptroller

Messages to the Legislature 107

and a superintendent of printing, be passed by the-
Legislature. The bill was drawn by the Commission
of Inquiry and is designed to stop the waste and over-
charge, if nothing worse, in the purchase of printing
and stationery for the State Departments. i

An investigation by the city of New York less than
four years ago reduced the expenditure for printing
and stationery supplies from $1,400,000 a year to
$700,000 a year, and made for increased efficiency.
The printing experts who produced this result have
investigated the State's expenditures and it is upon
their report that Assembly bill No. 2065 was drawn
by the Commission of Inquiry.

There is no politics in this bill. It is framed to
stop glaring overcha^rges, to promote competition and
to put the purchase of all printing and stationery sup-
plies upon a business basis. The State now pays 100
per cent, more than the city of New York for most of
its typewriting ribbons. It pays 70 per cent, more
for its pencils. It pays 60 per cent, more for most of
its stationery. The printing contracts are drawn
clearly in the interest only of the. printers.

The saving to the State annually by the passage of
this bill would not be less than $300,000. This would
provide the interest on $7,500,000 of State bonds. It
is absolutely necessary that there should be standard-
ization of supplies. The printing law as at present
drawn is wholly against the interests of the State.
There cannot be honest work or fair competition under
it. The bill which I ask the Legislature to pass will
not only promote economy and efficiency, but will open
wide the door to competitive bidding.

(Signed) WM. SULZER

108 Public Papeks of Govebnor Sulzee

Calling Attention to Bill for the Reorganization of the
State Conservation Department and Asking for its
Passage

State of New Yoek — Executive Chambee

Albany, May 3, 1913
To THE Legislatuee :

I respectfully ask the Legislature to pass Senate
bill, introductory number 1664, framed to reorganize
the State Conservation Department. This bill was
drawn by the Commission of Inquiry with the sole
purpose of increasing the efficiency of administration
in this very important branch of the State government.

The necessity for the conservation of the natural
resources of the State is admitted by all political
parties. The proposed bill which I ask your honor-
able body to pass is scientifically drawn to develop
and protect the forests of the State, to conserve the
water power, and to give efficient control of our fish
and game.

The just complaints from many sections of the State
arise in part because of the conditipns in the present
law and in part form a divided adrhinistration of the
law by a triple headed commission. The proposed
measure wiU save the State money which can be well
expended for other approved purposes, and, while
promoting economy in the administration of the de-
partment, will permit of a thorough reorganization.

This reorganiza,tion is necessary if the State is to
have scientific reforestation, a proper increase in its
fish and game and the development, as well as preser-
vation, of the wasted water powers of the State. It
is my belief that a single conimissioner in charge of
the entire department assisted in the thrpe several

Messages to the Legislatxjee 109

divisions of lands and forests, fish and game and in-
land waters by deputies especially qualified for and
adapted to the duties to be performed, would prove
more efficient both in the formulation of policies re-
quired by the practical conservation which we seek
and in the execution of constructive plans. The re-
organization bill does not contemplate the crippling
of the field work in any division or bureau of the con-
servation commission. In fact, it empowers the com-
missioner to add to the force wherever additions are
found necessary to the furthering of the conservation
work in any branch thereof.

(Signed) WM. SULZEE

Urging Favorable Consideration and Passage of Bill to
Amend the Highway Law, in Relation to Motor
Vehicles

State, of New York — Executive Chamber

Albany, May 1, 1913
To the Legislature:

I have this day sent emergency messages to both
branches of your honorable body urging your favor-
able consideration and passage of Assembly bill, in-
troductory No. 1517, printed No. 2810, being "An act
to amend the Highway Law, in relation to motor
vehicles."

This measure, in my opinion, is wise and necessary
legislation to remedy the situation now existing re-
garding automobile traffic.

Negligent, and reckless, driving of automobiles
through the public streets has resulted in large num-

110 Public Papeks of Goverhtoe Sulzee

bers of our citizens being killed and physically in-
jured due in a large measure, to the lack of proper
statutory regulations with adequate power of enforce-
ment concerning the management and control of auto-
mobiles used for business, as well as for pleasure
purposes.

The measure to which I now invite your favorable
consideration, if enacted in the law, will in a great
measure, remedy the existing negligent and reckless
driving, and is necessary to afford reasonable and
adequate protection to our citizens who are now com-
pelled to expose themselves to great danger of per-
sonal injury and even loss of life.

(Signed) WM. SULZEE

Again Calling Attention to the Subject of the Conserva-
tion of the Natural Resources of the State and Their
Development, and Requesting Repeal of Purported
Charter of the Long Sault Development Company and
the Enactment of Legislation Relating to the Waters
of the Niagara River

State op New York — Executive Chamber

Albany, May 2, 1913
To the Legislature:

Your honorable bodies can have no doubts as to my
position regarding the conservation of the natural re-
sources of this State and their development and utili-
zation for the benefit of all the people.

In my first annual message I respectfully directed
your attention to this subject.

Messages to the Legislature 111

On January 13, 1913, I transmitted a special mes-
sage commending to your favorable consideration the
immediate repeal of the charter granted by chapter
355 of the Laws of 1907 to the Long Sault Develop-
ment Company. •»

On February 17, 1913, I transmitted to every mem-
ber of the Sixty-second Congress, an opinion of the
Hon. Thomas Carmody, Attorney-General of the State
of New York, in pamphlet form on ' ' Federal Regula-
tion of Water Power Within the State of New York, ' '
together with a personal letter from myself concern-
ing the issuance of permits by the Secretary of War
as to the diversion within the State of New York of
the waters of Niagara river, above the falls of
Niagara, to the end that the State of New York might
itself develop, control and regulate its water powers
and provide cheaper light and power for its citizens.

In my special message to your honorable bodies
dated April 7, 1913, I transmitted, for your favorable
consideration, an able exposition of the rights and in-
terests of the State of New York in and to the waters
of the Niagara river, written by Attorney-General
Carmody, in which I concurred; and then urged that
this Legislature should immediately take action in the
premises, with the view of protecting the scenic
grandeur of Niagara Falls and conserving the rights
of the people of the State.

Following the recommendations of the Attorney-
General there was introduced and is now pending be-
fore your honorable bodies a bill which carries out
these recommendations of the learned Attorney-
General, which provides a practical and comprehen-
sive plan for the preservation to the State of New
York of its property and interest in the waters of

112 Public Papers op Ctoveenoe Sulzeb

Niagara river and the adequate utilization of the
power and hydro-electric energy that such waters may
develop with equal opportunity of participation at
reasonable cost and rates by the citizens of our State.

There can be no question regarding the bene:fits
which will accrue to the citizens of our State by the
repeal of the purported charter of the Long Sault
Development Company, and the enactment of the
pending bill relating to the waters of the Niagara
river. ,

I have further sent your honorable bodies special
emergency messages to assist the enactment of these
highly beneficial measures. I believe that both these
measures, at this writing, are so situated, and are in
such legislative form, that at this session of the Legis-
lature they can speedily be passed.

Every legislator, unless he favors the control and
use of the State's natural resources by the few,
rather than their conservation, and development, and
utilization, by all the citizens, with equal oppor-
tunity, should heartily favor and support these
measures.

I earnestly request that every member of the Legis-
lature will give immediate, serious and favorable con-
sideration to thege measures and pass them ijci the in-
terest of the public welfare and for the benefit of all
the citizens of our State.

(Signed) WM. SULZEE

Messages to the Legislature 113

Again Calling Attention to the Necessity of Remedial
Legislation Regarding Stocl< Exchanges

State of New York — Executive Chamber

Albany, May 3, 1913
To THE Legislature :

On January 27, 1913, I sent a special message to
your honorable bodies concerning stock exchanges,
and at this time I wish again to call your attention to
all I then stated and to repeat the suggestions con-
tained therein.

Thereafter, with my approval, several bills were
prepared and introduced in both branches of your
honorable bodies, and to such of those measures that
have not yet passed the Legislature, I most respect-
fully and most earnestly ask your favorable considera-
tion.

Concerning these measures I have sent to the Legis-
lature emergency messages to speed their enactment,
and I am convinced that their passage at this session
of the Legislature is greatly to the interests of the
public welfare.

I indulged the hope that the receipt of these emer-
gency messages would have resulted in the speedy
passage of these measures. I now want to impress
upon you as emphatically and as earnestly as words
can convey that I believe it to be the desire of our
citizens that these pending stock exchange measures
receive favorable consideration by the Legislature at
this session.

(Signed) WM. SULZEE

Ill

PART 2

MESSAGES TO THE LEGISLATURE

(Extraordinary Session)

Ill

PART 2
MESSAGES TO THE LEGISLATURE

(Extraordinary Session)

SPECIAL MESSAGE ON DIRECT PRIMARIES

State of New York — Executive Chamber

Albany, June 16, 1913.
To THE Legislature :

The Republican Party, in convention, last year,
as a part of its platform, adopted tlje following :

" We favor the short ballot, surrounding pri-
mary elections with the same safeguards as regu-
lar elections, the direct election of party com-
mittees, the direct nomination of party candidates
in congressional, senatorial, Assembly, county and
municipal subdivisions, and the direct election pf
.delegates to Stale conventions, with the right of
party electors to directly express their preference
for nominations for State offices if they so desire. ' '

The Progressive Party, in convention, last year,
as a part of its platform, adopted the following :

" We pledge the enactment of a real direct pri-
mary law applicable to every elective office and a
Presidential preference primary law."

The Democratic Party, in convention, last year,
as a part of its platform, adopted the following :

" The Democratic Party was the first to recog-
nize the demand for a State-wide direct primary
and so declared in the Rochester platform of 191Q,
and the Democratic Legislature of 1911, despite

[117]

118 Public Papers of Goveenok Sxtlzer

Eepublican opposition, enacted the first State-
wide direct primary law in the history of the State.
We again declare in favor of the principle of the
direct primary and we pledge our Legislature to
adopt such amendments to the existing laws as
will simplify and perfect the direct, primary
system. ' '

It must be apparent, to the average man, from a care-
ful reading of these platforms, that the leading politi-
cal parties, in our State, are irrevocably committed,
by the most explicit promises, to the enactment of
legislation for direct nominations. As a matter of
fact, it seems to ine, all the members of the present
Legislature are instructed by these pledges, of their
respective parties, and are, therefore, in duty bound
by the highest political obligations, to vote for a State-
wide direct primary measure.

In my message to the Legislature at the beginning
of the year I said: " We are pledged to the prin-
ciple of direct primaries. State-wide in their scope and
character, and I urge the adoption of such amendments
as will simplify the procedure, and make complete and
more effective the direct primary system of the State. ' '

As nothing was done, of material moment, in con-
nection with this recommendation, and to carry out in
good faith the pledges above mentioned, I again, in
the early part of April, in a special message, urged the
Legislature, in the interest of the general welfare, to
hearken to the insistent demands of the people
throughout the State for a direct State-wide pri-
mary law. Much to my disappointment, however, the
Legislature adjourned without, in this respect, meet-
ing the just expectations of the voters.

So a sense of public obligation made it my duty, in

Messages to the Legislatuee 119

the interest of the common weal, to reconvene the
Legislature in extraordinary session, to the end that
the recommendations I have made to the Legislature for
direct primaries can be considered, without further
delay, and a bill passed for direct nominations which
will fulfill party pledges. In response to the over-
whelming sentiment of the State, I am convinced, we
should do this as a matter of duty to our constituents.

The record will show that for years I have been
a consistent advocate of direct nominations. I
am now, always have been, and always will be in
favor of carrying out, in letter and in spirit,, the plat-
form pledges of a political party. The best way to
strengthen a political party is to keep good faith with
the voters.

Hence, in view of all the circumstances, in connectioi;
with the struggle in our State for a law to give the
voters the right to nominate, it is my candid opinion
that the Legislature in this extraordinary session,
without unnecessary delay, should give heed to its
promises, and immediately consider, and, with due de-
liberation, aid me to write upon our statute books a
practicable and a comprehensive State-wide direct
primary law that will faithfully carry out our pledges
to the people.

Direct nominations will go far to restore to the
people the complete control of their State government ;
and afford the voters of the State the freest expression
of their choice of candidates for public office.

The voters believe themselves just as competent to
directly nominate all ofiScials as the delegates they
select. They want this right to nominate because they
have so often found the delegate system was not a
faithful agency of their wishes, and that it not infre-

120 Public Papers of Goveenoe Sxtlzee

quently failed to meet the demands and the expecta-
tions of the people.

All the arguments now used against the abolition
of the convention, or the delegate system of nomina-
tions, have been used in opposition to the direct elec-
tion of United States Senators, but these arguments
have been all in vain against the ever rising tide of
popular sovereignty and progressive democracy.

Let us be true to- ourselves. Let us not try to deceive
the people. The plain fact is, that in our primary re-
form legislation we, in New York State, have left off
our worlsjust where the citizens expected us to begin.

By not making our primary law apply directly to
the nomination of State officers we have continued the
delegate system in the particular field in which it has
proven the most unsatisfactory to the people.

That the voters of our State are determined to have
no intermediary between themselves and their public
servants has been shown by the adoption of the seven-
teenth amendment to the Federal Constitution, under
which the people have taken from the Legislatures of
the States the right to elect Senators in Congress.

There are only two kinds of primaries — direct and
indirect. The latter kind constitutes the present
reactionary delegate system; the former kind consti-
tutes the progressive system which the people of our
State now demand. I am for the direct system.

I want the people to nominate their officials because
I want the people to rule their government. The peo-
ple know that the power to nominate is the power to
control. That is the reason the voters, regardless of
party affiliations, favor direct nominations.

To have direct primaries and to have conventions
of delegates is impossible. Direct primaries have been
devised by the friends of good government to permit

Messages to the Legislatuke 121

the voters in each .political party to nominate their
candidates for public office directly -without the inter-
mediary of delegates, and as^ of course, you cannot
have conventions without delegates, it follows, as the
night the day, that the convention system must go, ^nd
honest direct primaries must come. There is no mid-
dle ground. There can be no compromise. Those who
want to compromise are against the enrolled voters
of their party. You cannot compromise a principle.

It is self-evident to me that if the voters are com-
petent to directly elect all their public officials they are
just as competent to directly nominate these same
officials. Any assertion to the contrary is an indict-
ment against the intelligence of the electorate of the
State.

If it is important for minor officials to be nominated
by the people, it is still more important, it seems to me,
that the people be given the power to nominate candi-
dates for United States Senator. and for Grovernor. If
selfish interests seek to control public affairs for the
promotion of their personal ends, through the manipu-
lation of party conventions, the plain people should
seek to do the same thing by taking in their own hands
the right to nominate directly every one of these im-
portant officials.

The adoption of State-wide direct primaries, and the
abolition of delegate conventions, is in no sense an
abandonment of the principle of representative gov-
ernment, but on the contrary it is a protest against the
perversion of representative government.

Under direct primaries the people will govern them-
selves, through officials the same as now, but through
officials directly nominated and elected hy themselves.
Representative government is only made actual when
the power to name candidates is taken away from the

122 Public Papebs op Govekkob Sulzee

few, and placed in the hands of all the enrolled voters
of each political party.

The changes which the friends of direct nominations
advocate in our primary Jaw are in harmony with the
spirit of the times, and will go far, in the opinion of
sagacious men, to perpetuate our free institutions.

These salutary changes in our primary system
aim to restore to the voters of each political
party the rights which have been usurped by the few,
for the benefit of powers invisible, which aim to con-
trol governmental officials, to pass laws, to preveiit the
passage of other laws, and to violate laws with im-
punity. To these invisible powers I am now, always
have been, and always will be opposed.

No government can be free which does not allow
all of its citizens to participate in the formation as
well as the execution of its laws. Every other govern-
ment is a mere form of despotism. The political his-
tory of the centuries clearly illustrates the truth that,
under the forms of democratic government, popular
control may be destroyed, and corrupt influences,
through invisible political power, establish a veritable
despotism.

If it is wise to trust the people with the power
to nominate some public officials, I am sure it is just
as wise to trust them with the power to nominate aU
public officials. I believe it is as wise to trust them
to nominate a Governor, as to trust them to nominate
a constable; and as wise to trust them to nominate a
Supreme Court Judge, as to trust them to nominate a
Justice of the Peace. The men who trust the average
integrity, the men who believe in the average intelli-
gence, of the voter, know not where, consistently, to
draw the line as to the officials all should nominate,
and the officials the few should nominate. As a be-
liever in popular sovereignty I am opposed to estab-

Messages to the Legislature 123

lishing a political dead line regarding this fundamental
right of the people to nominate all of their public
servants.

The people have been trusted with this power to
nominate in many other States, and they have use& it
to bring about greatly improved conditions. Let the
Empire State put itself in line with the foremost
States in the Union, by favoring nominations by the
people, for thus only can we secure a government of
the people and by the people.

As convincing proof of the success, and the popu- ■
larity, of State-wide direct primaries, in other States,
permit me to respectfully submit to the Legislature
the following testimony of a few of the most distin-
guished citizens and public officials in our country.

United States Senator George E. Chamberlain, of
Oregon, says:

" The direct primary of Oregon has so far
proved satisfactory to our people. ' '

United States Senator Morris Shepherd, of Texas,
says:

' ' Our system of direct primaries in Texas meets
with universal approbation."

William Hodges Mann, Governor of Virginia, says :
" Our primary law is applicable to all State
offices. Indeed, we have been holding a primary
for United States Senators for some time, and the
Legislature has always elected the man selected
by the people. I can say that the primary has
worked well in this State. ' '

Frank L. Houx, Secretary of State of Wyoming,
says:

" I consider our State-wide direct primary law
one of the best laws ever placed upon our Stat-

124 PuBLtc Papees of Governor Sxjlzer

ute books. It eliminates =' Boss Eule ' tkat has
heretofore prevailed in the nominating conven-
tions and gives the people at large a voice in who
the candidates shall be."

Grovernor Cox, of Ohio, says:

" Our primary law applies to all State officers.
I would feel that the fundamental principle of
popular participation in government would be vio-
lated if all the State officers from the Grovemor
down were not selected by popular choice."

United States Senator Gilbert M. Hitchcock, of
Nebraska, says :

' ' Our direct primary system, as far as it relates
to the candidates for Senator or Governor, is an
unqualified success."

United States Senator Henry F. Hollis, of New
Hampshire, says:

" The New Hampshire system of direct prima-
ries certainly meets the expectations of the people.
The politicians criticise the plan, but it works
■well."

United States Senator James E. Martine, of New
Jersey, says:

' ' I feel justified in stating that our New Jersey
direct primary system meets with the general ap-
proval of the public. ' '

David S. Crater, the Secretary of State of New
Jersey, says:

." The direct primary law of this State applies
to State, county and municipal offices; also to
members of Congress. So far as I am able to

Messages to the Legislature 125

detemniiie, it seems to be satisfactory in every
respect."

Lee Cf uoe, tlie Governor of Oklahoma, says :

' ' Direct primaries are in operation in this State
, for the nomination of all State, county and munic-
ipal officers. It has given better satisfaction than
the old convention system and there is no disposi-
tion to return to the old way; Oklahoma has been
a pioneer in the matter of direct primaries, and
has no reason to take backward steps along these
lines."

Governor Oswald West, of Oregon, says :

" The direct primary system in this State
obtains from constable to the United States Sen-
ator, including municipal officers. As a result of
the law Oregon has abolished the boss and has
relegated a political machine to almost forgotten
history. It is most satisfactory, and while the law
which was enacted by the people was given an
overwhelming majority, I am confident that should
the question be again submitted to them, they
would endorse the law by even a greater majority
than the first. I do not believe that the people of
this State would revert to the old system of cor-
rupt political machine methods under any consid-
eration."

EUiott W. Major, Governor of Missouri, says : ,

" Our law requires all candidates for elective
offices to be. nominated at a State primary. The
law has operated well and has given satisfaction,
and is the only way to give the people a fair chance
to select the men whom they wish to represent
them as party nominees. The people elect their

126 Public Papees of Governor Sulzer

public officers at the general election and the peo-
ple are competent and qualified to elect their nomi-
nees, who in turn become their public officers. Of
course the would-be political bosses and certain
corporate interests which meddle in politics are
opposed to State primaries. It interferes with
their manipulations and combinations. They wish
to act as the guardians of the people and select
their nominees for them. Let the people, by di-
rect vote, select their own candidates. That is
pure democracy, and in keeping with the ideals
of a republican form of government. I am a
strong advocate of the State primary law because
it more nearly approaches the real rule of the
people. I would rather trust the people than trust
the men who, because of their selfish interests,
think the people are not capable and should not
be permitted to say who they wish for candidates.
If you permit such fellows and interests to select
your entries for you in the political race, you need
not expect much in the end.

* ' I cannot understand upon what principle any-
one can oppose the people in exercising their right
to select nominees at a State primary election.
Let the people do the selecting, and not a coterie
who wish to act for the people. Our State has
tried the law and has met the test, and has given
entire satisfaction, and no man in this State in
public life would dare for a moment to advocate
its repeal."

Frank J. Donahue, Secretary of State of Massachu-
setts, says:

" Our law provides that all officers to be voted
for at a State election shall be nominated by direct

Messages to the Legislature 127

plurality vote in party primaries. This, as you
will see, includes the direct nomination of United
States Senators. It further provides for the di-
rect election of members of the State committees
of the political parties — not less than one froili
each Senatorial District. The State-wide direct
primary law was adopted in 1911, and under it we
have had two direct primaries. That its opera-
tion is satisfactory is admitted even by those who
had vigorously opposed for years the passage
of such a law hy the Legislature. The fight for
State-wide direct primaries in this State extended
over several years, but finally so strong did the de-
mand become that in 1911 the House passed the
direct primary bill with only fifteen dissenting
votes out of the two hundred and forty members,
and it was passed in the Senate without a
division. ' '

Governor Brewer, of Mississippi, says :

" Our law applies to all State officials. Taken
on the whole I regard the primary law as satis-
factory. There is no question in the world that
by this method the wishes of the people are car-
ried out, which cannot be said of the .ordinary
' convention ' method. "

United States Senator James K. Vardaman, of
Mississippi, says:

" In Mississippi the direct primary law has
served to put the government in the hands of
the people rather than the bosses. It amuses
the voter to study all economic and govern-
mental questions and to realize that this is a
government which derives all of its just pow-
ers from the consent of the governed. It has done

128 Public Papebs of Goveenoe Sulzee

more. It has made the: voter feel his responsibil-
ity for the laws and to appreciate the real function
of citizenship. Every State in this republic should
provide for the election of every officer from Grov-
ernor down by a direct vote of the people. The
nomination by primary is only an application of
this universally beneficent system,"

W. C. EUiston, clerk to the Secretary of State of
Kentucky, says :

" The Primary Election Law of Kentucky ap-
plies to all offices and the various officials, both
State and county, are elected under its provisions.
The law has been a success from every standpoint,
and we think it quite a step along pro^essive
principles to elect our various officers under it."

Governor 0. B. Colquitt, of Texas, says :

" I was among the first to advocate a general
primary electiqji law many years ago. Formerly
a few politicians would get together in precinct or
mass meetings, elect delegates, and adopt resolu-
tions committing the party to policies and can-
didates often not approved by the majority af the
people. Our state-wide direct primary is infinitely
better than the old system which it supplanted."

Governor Francis C. McGovern, of Wisconsin, says :

" In regard to the operation of direct primaries

in our State, it has cleaned up the Legislature and

given us different kind of men than formerly,

more independent."

Governor Luther E. Hall, of Louisiana, says :

" There is no prospect that the State of Louisi-
ana will ever return to the Convention Plan of

Messages to the Legislattjeb 129

making nominations. Old-time politicians are now
and then heard to decry the direct primary and to
sigh for the convention, but this sentiment is not
wide-spread and may be said to be negligible. ' '

Grovernor James F. Fielder, of New Jersey, says :
" In 1912 by further enactment amending our
Primary Law, presidential electors were included
with the result that there is no longer any con-
vention held in the State of New Jersey for nom-
inating purposes. Last year there was a preferen-
tial vote for President, and now all presidential
electors as well as all State, county and municipal
officers are nominated by the direct primary. The
manner in which our laws have been amended
from time to time until they finally include all
elective officers in the State is the best evidence
of their popularity."

Governor George W. P. Hunt, of Arizona, says :

" In Arizona the Direct Primary Law is ap-
plicable to all elective State officials. I will say
without hesitancy that the system of direct pri-
maries applicable to all officers is immeasurably
better than the old method of nominating by con-
ventions."

Charles H. Sessions, Secretary of State of Kansas,

says:

" The Kansas law applies to all elective officers
from United States Senator down to township
trustee. The law works so well in regard to its
application to nominations for all officers that no
attempt, or even a serious suggestion, has been
made to repeal it. What opposition there was to
5

J.30 Public Papers of Gtovernoe Sulzee

the enactment of the law has almost disappeared.
Now and then a politician protests against it, but
on the whole it is very popular with the people and
it has come to stay."

Grovernor Park Trammell, of Florida, says:

" The primary system has been in force for
about twelve years, and has given almost uni-
versal satisfaction. Some four years ago in our
Democratic primary a question was put before the
voters as to whether or not a State convention
was desired, it being the claim of the supporters
of the convention that it was merely for the pur-
pose of making a party platform. Many were of
the opinion, however, that it was for the purpose
of attacking the primary system. The vote was
about five to one against the State convention.
This expression indicated very conclusively how
the people of Florida felt at that time relative to
nominating by primary. The primary system has
come to stay in this State."

United States Senator Henry S. Ashurst, of Ari-
zona, says:

" It is impossible to exaggerate the civic bene-
fits which flow from a pure, sweeping, State-wide
primary election law. The primary nomination
which abolishes the convention, eliminates the
' purchase proxy.' It destroys the secret caucus
methods, and it guarantees to the plain citizen the
same degree of potentiality as each and every
other citizen possesses. Now and then, in the
past, a legislature, or a political convention, has
been found on the bargain counter and purchased
as so many oxen in the field, but it is impossible
to purchase all the people.

Messages to the Legislature 131

"In Arizona we have a State-wide primary
law for the nomination of all candidates, includ-
ing United States Senators, and while it might
seem ungracious in me to praise the bridge which
carried me over, I cannot refrain from observing
that in Arizona, I, a poor man, with absolutely
no income whatever except my small law practice,
was enabled by means of the direct primary, where
the people iiad the right to express their choice, to
defeat the combined influences of the railroads,
national banks, the smelter trust and every cor-
rupt politician in the State, all of which inter-
ests confederated and combined in the hope of
bringing about my defeat and electing' a
reactionary.

I mention this circumstance to show that a
direct primary does not operate in favor of the
rich man and against the poor man, for we fre-
quently find the argument advanced by the op-
ponents of the direct primary, that ' under the di-
rect primary no one but a rich man may enter the
political field. ' The very reverse is true. A poor
man may enter the primary, and if he have abil-
ity, facts, courage and energy, he may canvass any
of our largest and most populous States by the ex-
penditure of a few hundred dollars, whereas, if
he were required to go before a convention to ob-
tain a nomination, a number of sinister private in-
terests would be able to cohere, by means of pur-
chased proxies and by means of secret caucus
methods, control the situation."

This unimpeachable testimony — and I could adduce
much more — seems quite conclusive, and if any one
tells us that a direct nominations law is not a good

182 Public Papebs of Govebnok Sulzbe

thing for New York, we can point to what other States
have done through the agency of this beneficent re-
form as a refutation of the reactionary assertion.

No man fears direct primaries, except a man
whose character, and whose ability, and whose men-
tality cannot bear the searchlight of publicity. No
man fears direct primaries, unless he wants to be the
creature of invisible governni^it rather than the serv-
ant of popular government'.

Let me, therefore, renew my former recommenda-
tions, reiterate all that I have previously said, and
again sincerely and earnestly urge the Legislature to
pass a direct primary bill that shall provide:

1. That all party Candidates for public office shall be
nominated directly by the enrolled party voters at an
official primary — the official primary to be conducted
by the State, and surrounded with all the safeguards
of an official election — any violation of the official
primary law to be a felony.

2. A State committee of 150 members, one from
each Assembly district, and a county committee for
each county, to be elected directly by the enrolled
party voters at the official primary.

3. AH party candidates for public office to be voted
for in the official primary must be designated by pe-
tition only, the same as independent candidates.

4. Every designating petition should contain the ap-
pointment of a committee for filling vacancies on the
primary ballot.

5. Candidates to be arranged on the ballot under
the title of the office. Order of arrangement to be de-
termined in eaqh group by lot, by the commissioners
of election, in the presence of the candidates or their
representativies. All emblems on the official primary
ballot must be abolished. Names of candidates to be

Messages to the Lbgislatubb 133

numbered. The voter to indicate his choice by mak-
ing a separate mark before the name of each candidate.
6. The number of enrolled party voters required to
sign a designating petition should be fixed at a percgnt-
age of the party vote for Governor at the last preced-
ing election, except that for State offices the number
should not exceed 5,000 enrolled party voters, of which
100 shall be from each of at least twenty counties.

7. The primary district should be made identical
with the election district, and the primaries of all par-
ties should be held at the same polling place, conducted
by the regular official election officers, just the same as
an official election.

8. Each party to have a Party Council to frame a
platform; such Coimcil to consist of the party candi-
dates for office to be voted for by the State at large;
party Congressmen and party United States Senators ;
candidates for the Senate and Assembly ; members of
the State committee ; and the chairman of each county
committee.

9. The time for filing independent nominations sub-
sequent to the filing of party nominations should be
increased from five days, as now provided, to fourteen
or more days. The number of signers of an independ-
ent certificate of nomination should conform to the
number of signers of a party designation.

10. Election of United States Senator by the people
should be provided for in accordance with the recent
constitutional amendment. Nominations for United
States Senator to be made at the official primary in the
same manner as for the office of Governor.

11. Registration days in the country should be re-
duced from four to two, and registration in the country
should be by affidavit where voter does not appear per-
sonally.

134 Public Papers of Govbenoe Sxtlzee

12. Boards of elections in counties having less than
one hundred and twenty thousand inhabitants should
be reduced from four members to two, in order to
decrease the expenses.

13. The use of party funds at primary elections
to be absolutely prohibited, and made a felony.

14. The penal law should be amended limiting to a
reasonable sum the amount of money that may be ex-
pended by a candidate,, or anyone on his account, for
the purpose of seeking a nomination to public office,
any violation of the same to be a felony, and make the
nomination, if secured, a nullity.

15. Delegates and alternates from the State at large,
and from congressional districts, to the National Con-
vention should be chosen by the direct vote of enrolled
party voters at the official primary.

Such a law, in my judgment, will substantially re-
deem our party pledges and meet the just demands of
the enrolled party voters of the State. Any proposi-
tion less than this begs the whole question and violates
the pledged faith of the several political parties to
their voters in the State.

In this connection, I deem it my duty, to say to the
Legislature, that I have no pride of opinion regarding
details and non-essentials in the construction and the
enactment of this legislation. The assertion that I
have said that my bill must pass without the crossing
of a " t ", or the dotting of an " i " is absurd, and
without the slightest foundation in fact. I have had
too much experience as a legislator to utter such nar-
row-minded sentiments. As a matter of fact, the truth
is, I have no vanity of authorship, and want none. My
struggle is for the essential principle of State-wide
direct nominations. On that fundamental principle
the friends of State-wide direct primaries declare that
there can be no honorable compromise.

Messages to the Lbgislatuee 135

No one can be deceived as to my contention and as to
my attitude. All I am seeking to accomplish is to write
on our statute books, an honest, and a simple, and a
practicable direct nominations law — State-wide in its
scope and application — in order to carry out in good
faith party promises. That is all. Can I be more fair
and more reasonable?

Let us be honest about direct primaries, and keep
our pledges to the people. At all events, as the Gov-
ernor, I shall, and if the Legislature does not, the
people will know the reason why.

(Signed) WM. SULZER

Again Urging Immediate Repeal of Certain Amendments
to Tax Law, Effected by the Enactment of Chapters
356 and 357 of the Laws of 1913, in Relation to Ex=
ceptions and Limitations on Taxable Transfers, and
in Relation to Franchise Tax and Credit to be Given
on Account of Purchase of State Bonds

State op New Yoke — Executive Chambeb

Albany, Jwne 17, 1913
To the Legislature :

Again I earnestly renew my recommendations for
the immediate repeal of certain amendments made to
sections 190 and 221 of the Tax Law, effected by the
enactment of chapters 356 and 357 of the Laws of 1913.

At my suggestion, after careful consideration, there
was prepared and introduced for the approval of the
legislature, on April 28, 1913, two separate bills re-
pealing the said chapters, and to assist their immediate
enactment, I sent at that time emergency messages to
both the Senate and the Assembly.

136 Public Papees op Govebnob Stjlzeb

These repealing measures duly passed the Senate
and were received in the Assembly, but failed of pas-
sage by that body, as I am advised, wholly through
oversight or neglect.

On May 6, 1913, I issued a proclamation about this
matter and served notice on all concerned that repeal-
ing measures would be introduced at this extraordinary
session ; and advised all prospective investors and pur-
chasers of these State bonds, that the possible advan-
tages purported to be accorded by chapters 356 and 357
of the Laws of 1913 were but temporary, to say the
least, and would be annulled at the earliest possible
day.

At this extraordinary session, repealing measures
for such purpose will be immediately introduced, and
to speed their enactment into law I shall accompany
their introduction with emergency messages. There
should be no delay in passing these biUs.

In the interest of the general welfare and just
financial administration, I earnestly request that the
Legislature forthwith give these important measures
favorable consideration.

(Signed) WM. SULZEE

Albany, N. Y., Jwne 17, 1913

Statement by Grovemor Sulzer :

" Pursuant to a proclamation issued by me on May
6, 1913, to the effect that chapters 356 and 357 of the
Laws of 1913 would be repealed at the earliest possible
moment in the present Extraordinary Session, this
morning I sent to the Legislature a special message
accompanied by emergency messages, covering two
bills, which I caused to be prepared, which repealed the
amendments made to sections 190 and 221 of the Tax

Messages to the Lbgislatube 137

Law, which were enacted in the Frawley measures, and
became chapters 356 and 357 of the Laws of 1913.

' ' With a promptness that will be appreciated by all
the citizens of our State, the Legislature forthwith
passed both these measures, and I approved the saine,
and they became laws at 1 o'clock this day and were
immediately filed in the Secretary of State's office.

" I congratulate the Legislature. Its speedy action
in this important matter is entitled to the comlnenda-
tion of the taxpayers of the State.

" In this connection, I wrote a letter to the Comp-
troller, of which the following is a copy : ' '

" State of New York — Exboutiv^e Chamber

" Albany, Jime 17, 1913.
" Hon. William Sohmer, State Comptroller, Albany,
New York:
" Dear Sm. — I beg to advise you that at 1 o'clock
to-day I approved Mr. Levy's two bills, introduced this
day in the Legislature, one of which repealed the
amendments made to section 190 of the Tax Law and
the other repealed the amendments made to section 221
of the Tax Law by the enactment of chapters 356 and
357 of the Laws of 1913, respectively.

" These bills are now chapters 794 and 795; chapter
794 being entitled

" ' An act to amend the Tax Law, in relation to
franchise tax and credit on account of purchase of
State Bonds,'

and amends section 190 of the Tax Law.
" Chapter 795 is entitled

" 'An act to amend the Tax Law, in relation to
exceptions and limitations on taxable transfers.'

and amends section 221 of the Tax Law.

138 Public Papers of Govebnoe Sulzee

" This information is given to your office so that
your department may act accordingly.
' ' Very truly yours,

' ' (Signed) WM. SULZEE ' '

Recommending Passage of Bill to Submit to the Voters
of the State at the Regular Election in November,
1913, the Question: " Shall There be a Convention to
Revise the Constitution and Amend the Same? "

State op New Yoek — Executive Chambee

Albany, June 18, 1913
To THE Legislatuee :

I recommend for the favorable consideration of the
Legislature the passage of a bill to submit to the
voters of the State, at the regular election in Novem-
ber, 1913, the question : ' ' Shall there be a convention
to revise the Constitution and amend the same? "

For good and sufficient reasons I was constrained to
disapprove a measure, passed by the Legislature, at
the regular session, concerning this matter.

In my veto memorandum, dated May 14, 1913, 1 said :

" The next constitutional convention in the
State of New York will be charged with the duty
of materially changing our organic law. I am in
favor of a constitutional convention at the earliest
practicable time to lay the foundation for future
constructive progress.

" The Democratic party stands pledged to call
this constitutional convention before the time pro-
vided in Article XIV, section 2 of the present Con-

Messages to the Legislature 139

atitution. This pledge will be strictly fulfilled if
the convention is held in April, 1915.
' " The bill before me provides for a special elec-
tion on June 3 of this year, for the purpose of
submitting the question to the voters, ' shall there
be a convention to revise the Constitution and
amend the same? ' and if favorable, the delegates
to the convention are to be elected at the general
election next November.

" There exists several reasons which, in my
opinion, make it my duty to disapprove this bill.

' ' In the first place insufficient time is allowed to
prepare for such special election. It is doubtful
if there is time for the Secretary of State to notify
the proper election officers of the special election
and for the latter to give adequate notice to the
voters to enable them to comply with the provi-
sions of the bill.

"A single day is provided for amending the
registers of election, which were made up nearly
eight months since.

* ' Constitutional amendments are required to be
published for three months prior to their submis-
sion tq the people under the Election Law, section
295. This bill allows of less than one week's pub-
lication of notice to the voters who have moved,
of the necessity of having their names properly
placed on the registers and only one half week's
notice to all voters of the referendum itself.

' * In view of the fact that it is extremely doubt-
ful whether the adequate election machinery can
be prepared and the statutory notices duly pub-
lished prior to June 3d, I deem it would be im-

140 Public Papees op Gtovbknok Sulzee

proper to entail, what I believe to be an unneces-
sary expense, of upwards of one million dollars on
the taxpayers to call this special election to decide
the question.

" The State constitutional issues should be
clearly stated and fully discussed by the people
before the selection of their delegates to this con-
stitutional convention ; and for the purpose of such
discussion and consideration of these vital mat-
ters, I fieel convinced that the majority of the tax-
payers agree with me that the time between now
and the election cannot be considered sufficient.
: " In my judgment, it is highly important that
before the selection of their delegates to a new
constitutional convention, the citizens clearly
understand and comprehend the fundamental
changes they desire their representatives to make
in the organic law of the State. ' '

The pledg:ed faith of the Democratic party to call
this constitutional convention before the time provided
in Article XIV, section 2 of the State Constitution wUl,
in my opinion, be strictly fulfilled by the submission of
this question at the November election of this year;
and, if favorable, this will permit the election of dele-
gates pursuant to the constitutional provision in No-
vember, 1914, and the assembling of the delegates in
April, 1915.

The holding of a constitutional convention in April,
1915, will be three years in advance of the time fixed in
the Constitution.

The plan of submitting the question of whether a
convention shall be called at the fall election of this
year, and the election of delegates thereto in the

Messages to the Legislattjee 141

November election of next year, will avoid the neces-
sity of the large and unnecessary expense of a special
election for such purpose.

The fulfillment of this party pledge, with the least
possible expense to the taxpayers of the Statfe, is. an
object which I am sure every member qf the Le^S-
lature, as well as myself, favors most heartily.

The bill concerning this important matter, which I
believe at this time should receive your favorable con-
sideration, should be a measure presenting to the
voters solely the question prescribed by the Constitu-
tion : • ' Shall there be a convention to revise the Con-
stitution and amend the same?"

Signed,

WM. SULZER

Recommending Passage of a Bill for the Legal Convey=
ance to the State, by the Authorities of the City of
New York, of the Title to the Land and Appurte-
nances of the Long Island State Hospital

State of New York — Executive CHAiwBEK

Albany, June 23, 1913
To the Legislatuee :

A matter of importance, affecting the adequate hous-
ing of the increasing insane of the State, arises con-
cerning the acquisition by the State of the title to the
Long Island State Hospital. For a long period of
years the State's title has been in dispute and in liti-
gation with the authorities of the city of New York.
At the present time, after much litigation and as the
result of extended conferences between the represen-
tatives of the State Hospital Commission, the Attorney-
Gfeheral of the State, and the lA.a.jov ot the city of

142 Public Papees of Gtoveknoe Sulzee

New York, and other interested city officials, the At-
torney-General advises me that an agreement has been
reached satisfactory to both the State and the city
of New York which, if carried out, will advance
the efficient administration of the State Hospital
Commission.

I am further advised that it is necessary that this
favorable arrangement be accepted and consummated
at once.

Not only has the matter been in dispute for a long
period of years, but the Legislature with a view of
making a definite determination of the matter, enacted
chapter 762 of the Laws of 1913, which in effect au-
thorized the city of New York to convey to the State
of New York the premises in question at Flatbush, in
the borough of Brooklyn, known as the Long Island
State Hospital, in fee simple, free and clear of all
incumbrances.

When this measure was before the Mayor of the city
of New York for approval, a question arose concerning
what disposition should be made of the premises in
the event of their abandonment by the State for State
hospital purposes.

The Mayor of the city of New York at first refused
his approval, but he finally approved the measure upon
the understanding that a supplemental bill would be
passed which would include a provision to the effect
that any deed from the city of New York to the State
of New York should contain a clause providing that
the premises conveyed should revert to the city of
New York whenever the State should cease to use the
same for the purposes of a State hospital for the in-
sane, provided in such case that the city of New York
make compensation to the State for all improvements

Messages to the Legislattjbe 143

made to said premises, by way of new buildings or
additions to existing buildings.

The legal authorities of both the city and the State
have agreed, as I am advised, that a deed containing
such provision is not authorized under chapter 762 of
the Laws of 1913.

In order to permit a legal valid conveyance embody-
ing the agreements between the parties, I respectfully
urge that the Legislature pass at this extraordinary
session a measure amending chapter 762 of the Laws
of 1913, to the end that the result desired may be
accomplished.

(Signed) WM. SULZER

Note. — This bill became a law August 8, 1913, being
chapter 799. In signing the same Governor Sulzer
issued the following statement:

" It has been suggested by the Attorney-Greneral
that my previous approval of three certain bills,
passed by the Legislature on July 23, 1913, precludes
the Executive from questioning the validity of the pur-
ported concurrent resolution, attempting to adjourn
the Legislature from July 23, 1913, to August 11, 1913.

' ' I fail to understand how the Executive 's approval
of these bills in any way affects the journals of the
respective houses of the Legislature. Had I not signed
these bills, after ten days they would have been just
as effective as laws as they now are with my signature.
My approval did not, ini any way, add any force or
effect to the certificates of the presiding officers or to
the legislative journals of the two houses.

" Each one of the particular measures which I have
already signed, including the bill which I have this day
sigaed, relating to the New York Training School for
Boys, had already been approved by me as to their

144 Public Papees of Gtoveknob Sulzeb

policy and substance, in separate special messages,
which I had sent to the Legislature, urging their con-
sideration and passage at this extraordinary session.
Their enactment into law I deem beneficial to the citi-
zens of the State, and in order that no delay might take
place in their promulgation, I deem it expedient and
proper, as Grovernor, to sign the same rather than per-
mit them to become promulgated at the end of ten days
without my signature. My signature, as Governor, on
these bills did not in any sense, nor can it be con-
strued in any manner, to amount to an approval by me
of any incorrect statements that may have been con-
tained in the journals of either house, and if the ques-
tion is open to the courts, I am convinced that my
signature on these bills in and by itself, will not pre-
sent any additional impediment to judicial scrutiny
and action."

Recommending Legislalion to Amend Chapter 413 of the
Laws of 1913, Which Provides that the State High-
way Department Shall Not Make Any Contract in
, Excess of $1,000 for the Maintenance or Repair of
Roads Without Advertising for Bids

State op New Yoek — BxECUTrvE Chambeb

Albany, June 23, 1913
To THE Legislatuee :

I respectfully recommend to the Legislature for its
immediate favorable consideration and action, the
passage of an act which, in effect, will amend chapter
413 of the Laws of 1913. Said law, in its present form,
now provides, that the State Highway Department
shall not make any contract in excess of $1,000 for the
maintenance or repair of roads without advertising
for bids.

Messages to the Legislature 145

In view of the conditions at present existing in the
State Highway Department, which require the imme-
diate repair of many existing State Highways in var-
ious parts of the State, it is imperative, to the end that
this important work be accomplished at the earliest
practicable moment, that these highway repairs be
provided for in contracts prepared and executed with-
out the necessity of the compliance with this provision
of law.

The enforcement of the existing law at this time, in
regard to this matter, will give rise to complaints and
increase the expense and unnecessarily delay the im-
mediate performance of these important repairs by the
State Highway Department.

After a conference with the Commissioner of High-
ways, I deem it advisable that an act be passed at this
extraordinary session, permitting the Commissioner of
Highways to make contracts for maintenance and re-
pairs, on condition that bids be asked from at least
three reputable contractors for each such contract and
no such bid be accepted or contract entered into until
approved by the Comptroller of the State of New
York; and, further, that no such contract be awarded
except to the lowest bidder, with authority to the Com-
missioner of Highways to reject any and all bids in his
discretion.

The letter to me in connection with this matter from
the Commissioner of Highways is as follows:

" By chapter 413 of the Laws of 1913, it is pro-
vided that the State Highway Department cannot
make any contracts for repair of roads in excess
of $1,000 without advertising for bids.

"A great number of our roads are in a deplor-
able condition and require immediate attention

146 Public Papees of Goveknoe Sxtlzee

and extensive repairs, and it will be impossible to
prepare plans and specifications and advertise for
bids and do the work upon these roads necessary
to put them in good condition until late in the
season.

" There is a great demand that these repairs
should be made at once and it is imperative, if
the roads are to receive consideration required,
that a statute be passed at this extraordinary ses-
sion of the Legislature, permitting this depart-
ment to enter at once into contracts for repairs
without public letting.

" I prepared an act, which I herewith submit,
which safeguards the interest of the State and
provides that I can only enter into such contracts
upon receiving at least three bids from three
reputable contractors; that no contract can be
executed until approved by the State Comptroller ;
that all contracts must be awarded to the lowest
bidder or be absolutely rejected.

' ' The State has appropriated a large amount of
money for the repair of these roads, and on ac-
count of the lateness of the season and the great
amount of work to be done, I sincerely trust that
the proposed legislation may be enacted into
statute. ' '

In the interest of the general welfare, I shall cause
to be submitted a measure which will permit the end
desired to be accomplished, and urge that it receive
your prompt and favorable action.

(Signed) WM. SULZEE

Messages to the L^jgislatube 147

Recommending the Enactment of Legislation Providing
for a Direct Tax of One Mill, to Provide for Contri-
butions to the Several Sinking Funds, for the Pay=
ment of Principal and Interest Upon the State Debt

State of New York — ExECUTrvE Chambek '

Albany, June 24, 1913
To the Legislat tJEE :

I have given very serious and most careful consider-
ation to the finances of the State. After reflection, I
have reluctantly reached the conclusion that it is not
only expedient, but necessary, that I recommend to this
extraordinary session the passage of a bill providing
for a direct tax of one mill, to provide for contributions
to the several sinking funds, for the payment of in-
terest and principal upon the State debt.

r ■ shall' therefore submit for your favorable con-
sideration a bill for enactment, concerning which the
State Comptroller writes me as follows :

" The several provisions of this bill follow the
rates fixed by the statutes authorizing the issue of
State bonds. A rate of 1463/10,000' of a mill is
included in the bill for the purpose of a contribu-
tion to the general fund.

" The appropriations for 1913 authorized by

the Legislature amount to $47,866,596 68

" The requirements for the sinking funds

amount to 9,500,389 79

" Total of $57,366,986. 47

' ' The estimated receipts for the year, as^ set
forth in the Comptroller 'g Eepert ofTSlS, are
$63,820,412.20, which includes the direct; tax. If
these estimates were verified there would be a
surplus at the end the year of $6,363^426.73.

148 Public Papees of Govebnoe Stjlzee

' ' If the rate in the inclosed bill for general fund
purposes were reduced one-tenth of a mill it would
reduce this surplus by $1,128,000. The experience
of this office has been that a surplus of at least
$5,000,000 is necessary for properly and efficiently
conducting the business of the State."

(Signed) WM. SULZEE

Recommending Passage of Bill Extending the Time
When the Law Commonly Known as the Housing
Law, Being Chapter 774 of the Laws of 1913, Shall
take Effect

State op. New York — Executive Chamber

Albany, June 24, 1913
To the Legislatueb:

At a conference recently held in the city of Albany,
attended by representatives from the second-class
cities in the State, it- was agreed that the immediate
enforcement of the provisions of chapter 774 of the
Laws of 1913, entitled :

' ' An act in relation to the housing of the people
in cities of the second class,"

would impair realty values and cause great and unex-
pected financial loss to the owners of real estate; to
contractors, and to labor in the cities affected.

In view of these facts it would be wise, proper and
just to all the parties interested, it seems to me, to
'amend this laW in relatioli to the time when the same
should take effect, through an amendment making cer-
tain provisions of said law inoperative until October
1, 1913.

Messages to o'he Legislattjeb 149

I agree substantially with the conclusion reached at
the said conference that it would be inadvisable to
amend the measure so that the health provisions should
not become operative immediately.

These features relating to the sanitary conditions of
communities are calculated to benefit the health of the
people in cities where the law operated, and in my
opinion, should be allowed to go into effect at once.

At the conference it was proposed and suggested
that there be inserted a provision which would allow
builders to proceed with work on buildings planned or
started in order to prevent the suspension of building
operations, which would result from the immediate
enforcement of the law as it now stands.

To accomplish the proper result, I respectfully
recommend to this Legislature that section 159 of the
law be amended to read as follows :

" This act shall take effect the first day of Oc-
tober, nineteen hundred and thirteen, except
article four thereof, which shall take effect imme-
diately as to any requirements thereof, the en-
forcement of which the health officer of the city
shall direct; provided always that all plans filed
before the first day of October, nineteen hundred
and thirteen shall be executed by a substantial
completion of the building contemplated thereby
on or before January first, nineteen hundred and
fifteen, and no plan not thus executed shall be
executed after January first, nineteen hundred and
fifteen."

(Signed) WM. SUIjZEE

150 PuBiiic Papers of GovEEiiroB Sulzeb

Recommending Legislation Exempting from Sanitary
Inspection Seed Oyster Beds Within the State

State of New York — Executive Chambbh

AxiBANY, Jvme 24, 1913
To the Legislature:

Section three hundred and ten of the Conservation
Law now requires a sanitary inspection and examina-
tion of all shell fish grounds within the State from
which shell fish are taken, planted, or cultivated.

The eiifbrceiaent of this law in its present form
will require tlie examination of many thousands of
acres of land devoted exclusively to the raising of
seed oysters, and for such examination a fee of twenty-
five cents per acre is prescribed.

The purpose of this section of the Conservation Law
is to protect the public against the consumption of
oysters grown in waters polluted by sewage, and I am
advised by the Conservation Department that this pur-
pose can be fully conserved if those lands which are
devoted exclusively to the raising of seed oysters are
exempted from -this examination.

As the law now stands the Conservation Department
is prohibited from making any such exemption and the
exactment of the required examination fee would work
an unnecessary hardship.

Under the circumstances, I respectfully recommend
to this Legislature that a measure be passed which
shall exempt from the sanitary inspection and examina-
tion prescribed by section three hundred and ten of the
Conservation Law, all acreage within the State devoted
exclusively to the raising of seed oysters.

(Signed) WM. SULZER

Messages to the Legislature 151

Recommending Necessary Legislation Concerning the
Appropriation by the State of Toll Bridges Crossing
the Canals

State of New York — Executive Chamber ,

Albany, June 25, 1913
To THE Legislature:

The Attorney-General of the State has called my at-
tention to the immediate necessity of legislation con-
cerning the appropriation by the State of toll bridges
crossing the canals of the State.

The Appellate Division of the Third Department
since the adjournment of the regular session this year
of the Legislature, has rendered a decision, the effect
of. which in the opinion of the Attorney-General will
seriously delay the construction of the new barge canal.
Referring to this subject matter, the Attorney-Gen-
eral has advised me in writing as follows :

"A situation of great importance to the State
has arisen in connection with the construction of
the Barge canal, where the plans for the work re-
quire the use of the Mohawk and Hudson rivers
for the improved waterway. Two amendments to
the Canal Improvements Law, so-called, chapter
147 of the Laws of 1903, are imperatively needed
at the earliest possible moment, and I make the
following statement in order to make clear the
urgent importance of securing the enactment of
the amendments at the special session of the Leg-
islature.

" Crossing the Mohawk and Hudson rivers are
several toll bridges, constructed and in varying
degrees bf efficiency maintained by private corpo-
rations. All but one of these bridges require al-
teration of complete reconstruction in order to
make possible the use of the river for canal pur-

152 Public Papebs of Govebnob Stjlzeb

poses. It was believed by tbe Canal Board, rely-
ing on the case of Lehigh Valley Eailroad Com-
pany against the Canal Board, 204 N. Y. 471, that
these bridges could be lawfully taken for the im-
provement of the canal, and that when rebuilt they
would be free bridges. Since the adjournment of
the Legislature last month it has been decided by
the Appellate Division in the Third Department
that toll bridges cannot be physically taken or
formally appropriated in the work of canal con-
struction, and that the law requires the building
of a new bridge before the old is destroyed or in-
jured. The effect of this decision will be most seri-
ous, and as it is not subject to review by the Court
of Appeals and the same question cannot otherwise
reach the Court of Appeals for a long time to come,
it is of the utmost importance that the State's
right to construct the canal and to appropriate
all necessary property to that end should be es-
tablished beyond question by act of the Legisla-
ture.

" The statute as it is now interpreted requires
the gift to a private monopoly of a structure vastly
more valuable than anything it has ever owned,
to which will attach the right to tax all travelers
for forty years to come.

"The proposed amendments permit the State
to take existing toll bridges and the franchises and
rights to maintain them and make the bridges to
be constructed in their place free public for all
time."

I respectfully urge that the Legislature at this Ex-
traordinary Session give its favorable consideration to
this important matter.

(Signed) WM. SULZEE

Messages to the Legislature 153

Recommending Amendment to the Transportation Cor-
porations Law so as to Permit and Secure the Joint
Operation of the Proposed Terminal Railroad in the
Borough of Brooklyn in Accordance with Plans Ap-
proved by the Municipal Authorities of the City of
New York

State of New York — Executive Chamber

Albany, June 25, 1913
To THE Legislature:

During the regular session, the Legislature passed
a bill amending section 154 of the Transportation Cor-
porations Law, by providing that the provision which
prohibits railroads or express companies from acquir-
ing control in any way of freight terminal companies,
shall not apply to corporations in the city of New
York.

My approval of this bill was urged by the authorities
of the city of New York, for the purpose of permitting
the adequate operation of the proposed marginal ter-
minal railway in the Borough of Brooklyn.

The bill in the form in which it passed the Legisla-
ture was not limited in its operation to the Borough of
Brooklyn, but affected all the five boroughs in the city
of New York, which was unnecessary for the accom-
plishment of its stated purpose, and I vetoed it.

I approved a certain measure passed by the Legisla-
ture, amending the New York City Freight Terminals
Act, relative to water front facilities in New York City,
which specifically related to the contemplated Brook-
lyn Terminal improvement.

The authorities of the city of New York and the
State engineer, after a careful examination of the sit-
uation have advised me that the plans agreed upon
and contefliplated by the municipal authorities for the

154 Public Papeks of Goveenoe Sxjlzee

eflBcient operation of the terminals on the South Brook-
lyn water front can not be consummated without statu-
tory authority permitting railroad companies to hold
-stock in terminal freight companies in the Borough of
Brooklyn.

I feel convinced that this proposed development is
of the greatest importa^nce to the commerce of the port
of New York and to the business interests of the Bor-
ough of Brooklyn and believe that it is but proper for
this Legislature to afford the means necessary to the
proper city authorities for the complete establishment
and eiificient operation of this great proposed freight
terminal.

Under the circumstances, I recommend to this Legis-
lature, for its favorable consideration, an amendment
to the law that will permit and secure the joint opera-
tion of the proposed terminal railroad in accordance
with the plans contemplated and approved by the mu-
nicipal authorities of the city of New York.

(Signed) WM. SULZEE

Transmitting Report of Grievance Committee of the As-
sociation of the Bar of the City of New York Bearing
on the Investigation of Charges Against Honorable
Daniel F. Cohalan, a Justice of the Supreme Court

State of New York — Executive Chambee

Albany, June 25, 1913

To the Legislature:

On June 5, 1913, the G-rievance Committee, of the
Association of the. Bar of the city of New York, an-
nounced that it had been requested to investigate certain
charges made against Honorable Daniel F. Cohalan, a

Messages to the Lbgislatube 155

Justice of the Supreme Court, of the State of New
York, in and for the First Judicial District; and by a
communication in writing, addressed to said Justice
Cohalan, invited him or his attorney to confer with the
counsel for said Committee.

Mr. Justice Cohalan, on June 12, 1913, advised such
Committee that, in his opinion, it had no jurisdiction
over the subject matter, and that he intended to present
the matter to me, as the Governor of the State; and,
thereafter, the said justice addressed a communication
to me, as follows :

" Charges have recently appeared in the public
press of this city emanating from one John A!.
Connelly, reflecting upon my conduct in my pro-
fessional relations to him.

" If you deem it proper and compatable with
the public interest, I ask that you direct the atten-
tion of the Legislature about to convene in extra-
ordinary session, to these charges for such action
as it may deem proper, since in view of my judicial
position the Legislature is the only body having
jurisdiction to investigate and act in the pre-
mises."

I thereupon requested said Grrievance Committee of
the Association of the Bar, to file with me, any and all
exhibits and facts in its possession, together with their
report, recommendation and conclusion, regarding the
same, and upon their receipt I advised said Committee,
I would take further action in the premises.

On June 25, 1913, I received a report in writing,
with exhibits thereto annexed, from the said Committee
on Grievance, of the Association of the Bar, of the
city of New York, respecting this matter, and I consid-
ered it proper that the same be immediately trans-

156 Pu:pL(io Papeks om Gtovebnob Sulzeb

mitted to this Legislature for appropriate action in
the premises.

Accordingly, I herewith transmit to this Legislature,
and as part of this message, at this time, copies of the
said report of the said Grievance Committee, together
with said exhibits, and respectfully suggest that pur-
suant to article VI, section 11 of the Constitution, and
the other provisions of law that may be applicable
thereto, the same receive the immediate attention of
this Legislature, and that a thorough and exhaustive
investigation and examination be made and the -true
facts ascertained; that fair and full opportunity for
their presentation be given all the parties interested,
including the representatives, of the Bar Association
of the city of New York, and that after such examina-
tion and hearing, in accordance with the Constitu-
tion and the laws of the State of New York, this Leg-
islature take such action in the premises as shall be
deemed wise, proper and expedient.

(Signed) WM. SULZER

Recommending that Chapter 463 of the Laws of 1913
Amending the Labor Law in Relation to Bakeries,
should not be Effective against Cellar Bakeries until
a certain time after May 9, 1913, when the Law went
into effect.

State of New York — Executh^e Chamber

Ar-BANY, June 25, 1913
To the Legislature:

Among the bills recommended by the Factory Li-
vestigating Conunissipn, passed at the last session of

Messages to the Legislature 157

the Legislature, was chapter four hundred and sixty-
three of tjhe laws of nineteen and thirteen, entitled :

"An act to amend the Labor Law, in relation to
bakeries. ' ' #

Section one hundred and sixteen thereof, deals with
the prohibition of future cellar bakeries and provides
that no new bakery shall hereafter be located in a cel-
lar not theretofore used for bakery purposes. The
act took effect on May 9, 1913.

After consideration, the Factory InvegtigJiting
Commission advised me that the effect of the immedi-
ate enforcement of the provisions of section one hun-
dred and sixteen would be unfair and unjust. It
would affect buildings in the course of construction,
at the time the iact took effect, plans for which pro-
vided for cellar bakeries.

It was not intended by the Commission, as I am ad-
vised, that the act should have this effect. My atten-
tion has been called to cases where the operation of
the law as it now stands would work an unwarrantable
hardship as in cases where the owners of buildings
were proceeding with their construction under plans
which had been approved under the existing law and
which provided for the construction of cellar bakeries.

The Factory Investigating Commission urges that
the law should be amended to the end that section one
hundred and sixteen ghall not apply to the cellar of a
building in the course of construction on the ninth day
of May, nineteen hundred and thirteen, nor to the cellar
of a building the construction of which was commenced
after the first day of January, nineteen hundred and
thirteen, and completed on or before the ninth day of
May, nineteen hundred and thirteen, provided that
such cellar be used and operated as a bakery at any

158 Public Papees op Govebnok Sulzek

time prior to the first day of January, nineteen hundred
and fourteen, and that satisfactory proof of the time
of the construction of such building and of the use of
the cellar as a bakery, as herein specified, be furnished
to the Commissioner of Labor, in such form as he may
require on or before the twenty-eighth day of Febru-
ary, nineteen hundred and fourteen.

A bill embodying these suggestions will be presented
to the Legislature, and I can see no reason why it
should not receive favorable consideration.

(Signed) WM. SULZER

Recommending Legislation for the Reorganization of the
Department of the State Architect in order to Insure
Proper and Efficient Administration.

State of New York — Executive Chambeb

Albany, June 25, 1913
To THE Lbgislatuee :

The State Architect has conferred with me concern-
ing the necessity of legislation, reorganizing that de-
partment, in order to insure the proper and efficient
administration of the functions and duties imposed by
law upon the State Architect.

Referring to this subject matter, the State Architect
has advised me in writing as follows :

' ' I have the honor to invite your attention to the
bill which I have framed, reorganizing the State
Architect's office and placing it upon a depart-
mental basis. My reasons for doing this I have
explained to you a number of times and will again
briefly state the facts which will warrant you in

Messages to the Legislatubb 159

recommending to the Legislature, the passage of
this bill.

" Upon my assuming charge of this office, I
found a chaotic situation regarding the method of
handling appropriations and responsibility for the
disbursement of which was placed upon the State
Architect, but only after the approval of a number
of Boards, who have greater jurisdiction over the
work than the State Architect himself. I have
been compelled to redesign certain buildings on ac-
count of their being defective in construction and
faulty in design.

' ' In addition, hundreds of thousands of dollars
are being spent by the various institutions over
which the State Architect has no jurisdiction what-
ever, except to indicate his approval of the ma-
terials which are to enter into the work. Eeview-
ing the situation very carefully, I have framed this
bill, first along the original lines laid down by you,
second involving such provisions of law which my
judgment would indicate as making a more work-
able department.

"It is my opinion that only through the au-
thority which this bill would give the State Archi-
tect for handling the disbursement of those enor-
mous sums of money, can the best interests of the
State be protected in carrying out your policy of
economy and efficiency in all State institutions,
and that the requirements , of this bill would be a
great check against extravagance such as hitherto
existed. The method of financial organization
which is .provided by this bill, would tend to put
the State Architect's department, at the end of
two years, upon a self -sustaining basis. The check

160 Public Papers of Goveenoe Sulzbb

upon the State Architect, as provided in this bill,
is such that chicanery and extravagance, which
has existed in former administrations, would be
eliminated.

" The bill also provides for the establishment
of an Art Commission which I consider a most
valuable adjunct to the department of architec-
ture. This Commission would also have jurisdic-
tion over all works of art becoming the property
of the State through appropriation or otherwise.
They would also pass upon the design of the de-
partment of architecture. They would have the
power of approval or disapproval of aU projects
made in the department of architecture for State
Buildings and would be a great factor in produc-
ing suitable designs for buildings to be erected
for State institutions. In addition they would
have jurisdiction over all the designs for monu-
ments and works of a similar character. The enor-
mous value of such an Art Commission has been
proven in the past in both municipal and national
affairs, as you well know, at the same time bring-
ing to the service of the State, the best criticism
from leading professional men of the highest
standing.

"I do not hesita.te to urge upon you in the
strongest possible manner, the recommendation
that you submit this bill to the Legislature for
their action, as I am confident that the department
of architecture, under this law, can be carried to a
high point of efficiency and make those economies
which you so earnestly desire and in doing so, re-
flect credit upon your administration, which I am
so anxious to support."

Messages to the Lbgislattjke 161

I respectfully recommend to this Legislature that a
measure embodying the views above stated, concerning
this important State Department receive favorable
action.

(Signed) WM. SIJLZEE

Recommending the Enactment of the CJiptional City
Charter Bill.

State of New Yobk -t^ Executive Chambee

AzsA^Y, Julp 8, 1913
To THE Legislatube : '

In my opinion a long step towards municipal home
rule was accomplished by the enactment of chapter 247
of the Laws of 1913 — known as the Home Rule Law
for Cities.

This Home Rule Law largely increased the powers
of cities as municipal corporations, but failed to con-
fer upon them Authority to change the structure of
their government.

It is my conviction that our cities should have the
right and the power to choose their own form of gov-
ernment Avithout going to the Legislature for permis-^
sion to do so ; and I believe that the Legislature has
the authority, by general legislation, to confer such
power upon second and third class cities.

Since the adjournment of the regular Session of the
Legislature, a conference of the Mayors, and other
oflScials, of these cities was held at Binghamton^ and
adopted resolutions urging the enactment of such a
law at this Extraordina:ry Session of the Legislature.

All the members of the Legislative Committee of the
Mayors' Conference, together with a committee of the
6

162 Public Papees op Gtovebnok Stjlzee

Municipal Government Association, have called ujion
me in Mbany, urging that I present this matter to the
coinsideration Of this Extraordinary Session ; and pre-
sented a petition, signed by thirty-seven Mayors of
second and third class cities of our State, requesting
the enactment of such a measure.

At the regular session of the Legislature, an op-
tional city charter bill was introduced, but failed o;^
passage. If it had been enacted it would liave given
our cities of the second and third class an opportunity
to choose for themselves the form of charter they de-
sired. These cities should have this privilege.

The municipal empowering act, now law, together
with the enactment of an optional city charter act, will,
in my opinion, constitute the, largest degree of home
rule that can be granted to these cities of our State,
by general laws, prior to the passage of a home rule
amendment to the Constitution, which should provide
cities with the absolute freedom to decide for them-
selves, all matters concerning their . local affairs and
form of government. , , ,

No man in all this State is a greater bejiever than I
am in the doctrine of home rule as a fundamental right.
Long experience has taught us that many of the evils
the people want remedied ; that most of the things the
people want done ; can be remedied, and can be done,
through local agencies without interference, or inva-
sion, by the State Legislature. , ,

I respectfully recommend to this Legislature the fa-
vorable consideration of a measure substantially simi-
lar to that proposed at the last regular session.

That measure provided that cities should have the
option of iadopting any one of five simplified forms of
city government, including two plans providing for

: t Messages to the Legislatube 163

the election of Mayors and Gouncils-at-large ; one plan
for the election of a Mayor and council chosen by
wards ; a so-called commission plan ; and' the city mana-
ger plan.

It also granted to cities of the third-class, the option
of accepting the existing White Charter for Second-
Class Cities, with the salaries on a lower schedule.

I respectfully request the careful consideration of
the Legislature to this vitally important subject of real
Home Eule, and trust that such action will be taken
as will place New York in the lead of those States
which have had the foresight and the enlightenment to
grant such local authority to their municipalities.

(Signed) WM. SULZER

Recommending the Immediate Enactment of Legislation
to Relieve Disgraceful Prison Conditions in the State
of New York, and Transmitting a Report of the Com»
jl mission on New Prisons.

State. OF New York — ExECUTrvB Chamber

Albany, July 16, 1913
To THE Legislature :

I herewith transmit to you a communication from the
Commission on New Prisons, dated July 9, I9l3, and a
proposed I9.W drawn in conformity with its conclusions.

Prison conditions in our State are a disgrace to civil-
ization. As the Executive, I am mortified by the rev-
elations. No appeal that I can present to you can ex-
aggerate the pathos of the facts in this matter. To-
day,, aiid for many years past, this State has confined
many thousands of convicts in cells seven feet long,
three feet and three inches wide, and six feet and

164 Public Papeks op Goveenok Sulzek

seven inches in heiglit. These cells are constructed in
a rectangular cell-block of solid masonry. The only
opening into these cells is through the door. The door
opens upon a corridor which itself is enclosed in the
prison building. In many of these masonry pockets in
Sing Sing there are confined two prisoners.

In speaking of Sing Sing and Auburn prisons the
Commission, appointed under chapter 718 of the Laws
of 1905, in its report to the Legislature, January, 1906,
says :

" The night bucket system is employed in both
prisons, and as the cell blocks of these prisons rest
directly upon the ground, without any air space
underneath them, it is practically impossible to in-
stall closets without reconstructing the entire cell
blocks. These night buckets add a malodorousness
to an overburdened germ-laden atmosphere. They
cause the 'storing of excreta for ten to fourteen
hours in an enclosure where a human being must
remain in practical contact with it during that
time. In both prisons this condition is duplicated
in each of the 1,200 cells. The sanitary expert does
not hestitate to say that verily this is far worse
than living in a sewer. The plumbing fixtures of
Sing Sing prison are foul and corroded ; there is no
evidence that the drains are pealed against sewer
gases ; and they afford no resistance to any back
pressure created by the water locking of the sewer
outlet when it is covered by high tides. The floor
openings at such times are conduits for additional
vitiation to an atmosphere already polluted. The
sanitary engiiieer reports in relation to Sing Sing
cell house, that its proximity to the river, its slight
elevation above high-water mark, its construction
without air space beneath, the character and mass

Messages to the Legislatubb 165

of the material used in its erection, together with
its defective ventilation, convert it into a vast re-
frigerator which condenses the warm and hiimid
air, causing the moisture to be deposited on tlje
walls, rendering the cells damp and vault-like. In
the lower cells this condition is aggravated by con-
tact with the main floor.

' ' Samples of air taken at an early hour in the
morning at both prisons indicated that it contains
an abnormal amount of carbon dioxide.

" In Sing Sing there are six tiers of cells. This
causes a wide difference between the temperature
in the lower and upper galleries. When the lower
galleries are cold, the upper ones are abnormally
warm. There is no remedy for this condition ex-
cept the construction of a cell block having a lesser
number of tiers,"

The place thus described is not for the confinement of
noxious beasts but of human beings. No fitter school
could be devised for the moral, mental and physical
disfigurement of the man, in which he either succumbs
to painful and lingering disease and death, or survives
to continue on his release the life of crime which pre-
ceded his incarceration.

I fully concur in the conclusion of the Commission
on New Prisons, that immediate action is demanded
both by the dignity of the State and by every feeling
of humanity on the part of its people ; that the longer
continuance of such conditions as now exist at Sing
Sing prison is intolerable ; that not only is a new prison
demanded to accommodate the increasing number of
our criminals, but a prison of a wholly different Mnd
and character ; and that these relics of the horrors and
inhumanity of the Middle Ages, in which the iadded
ignominy of bestiality is stamped upon the face of

166 Public Papees of Govebnob Sulzee

crime are. as disgraceful to us who tolerate them, as
they are degrading to those who are incarcerated in
them.

I can not therefore too earnestly urge that the Com-
mission on New Prisons be empowered to act for the
amelioration of ihgse abhorrent conditions, and 'by the
passage of the measure which I transmit to you, be
furnished with the authority and funds necessary to
accomplish that purpose.

I therefore recommend this measure for your iomae-
diate consideration and I do hereby certify to the ne-
cessity of its speedy passage.

- (Signed) WM. SULZER

Summary of Legislation Enacted During the Regular
Session of the Legislature together with a Resume of
Messages sent to the Legislature During the Extraor^-
dinary Session and the Appointments Sent to the
Senate for Confirmation.

State of New Yoek — Bxecutive Chamber

Albany, July 23, 1913
To the Legislatuke :

The regular session of this Legislature convened this
year on January 1, 1913, and it adjourned on May 3,
1913.

Prior to the thirty-day period for the consideration
of measures by tlie Executive, the Legislature had
passed and sent to the Executive, for his consideration,
531 bills. Of these 442 were approved. A memoran-
dum was filed with 22 of the measures. There were
recalled 74 bills; and 15 were vetoed with separate
veto messages.

Messages to the Lbgislatube 167

During the thirty-day period the Executive had un-
der consideration 701 bills. Of these 351 were ap-
proved; and 350 were vetoed, with 19 memoranda of
appi'oval and 51 memoranda of disapproval.

All told, 793 Mils were enacted into laws, out of a
total of 1232 bills, passed ^J the Legislature and sub-
iimtted to me for consideration. ''''^ "'''''^

*rhe financial bills passed by the Legislature, exclud-
ing sinking fund and bond interest bills, aggregated
a total of $55,108,705.25, made lip as follows :

General appropriations, $30,236,987.29.

General supply bill, $6,916,922.60.

Special appropriations, $17,954,795.36.
I approved

$29,825,897.29 of the general appropriation bills ;

$4,178,505.73 of the general supply bill ; and

$13,778,862.21 of the special appropriation bills,
making a total of $47,783,265.23.

The total of financial items and bills which I vetoed
^moimt to $7,325,440.02.

During the regular session, the. Legislature haying
failed to pass a bill f pr Direct Primaries, on ^-Siy 8,
1913, I issued a proclaniation convening the Legisla-
ture in e:^tra'0rdinary session, t.Q commence June 16,
1913.

This extraordinary session pf the Legislature was
called for the purpose of considering the People 's bill
for State-wide Direct Primaries,. It has.been. in session
for a few minutes now and then for a period pf .over a
month, but has signally failed to pass a State-wide Di-
rect Primary bill, containing provisions which. I recom-
mend, and which I believe should be on the statu tp
books of our State.

Since the Extraordinary Session convened, I have

168 Public Papees of Govbenok Sulzbb

been urged, and for reasons which seemed to me to be
quite sufficient, I have recommended for the consider^--
tion of the Legislature, several other measures, con-
cerning each of which I have sent to the Legislature a
bill with a special message. They relate to the follow-
ing matters :

On June 18th,- recommending the passage of a bill
to submit to the voters of the State at the regular elec-
tion in November, 1913, the question " Shall there be
a convention to revise the Constitution and amend the
same? "

On June 23d, recommending temporary legislation
relating to maintenance contract on the highways.

On June 23d, recommending the passage of a bill for
the legal conveyance to the State, by the authorities of
the city of New York, of the title to the land, and ap-
purtenances, of the Long Island State Hospital.

On June 24th, recommending the passage of a meas-
ure exempting from sanitary inspection seed oysters'
beds within the State of New York.

On June 24th, recommending the passage of a bill
concerning the extension of the time when the law com-
monly known as the ' ' Housing Law, ' ' being chapter
774 of the Laws of 1913, shall take effect.

On June 24th, recommending the passage of a bill
providing for the direct tax for the payment of inter-
est and principal due on the State debt.

On June 25th, recommending necessary legislation
relating to the appropriation by the State of toll
bridges crossing the canals.

On June 25th, recommending legislation concerning
the operation of the proposed terminal railway in the
Borough of Brooklyn.

On June 25th, recommending that chapter 463 of the
Laws of 1913, entitled "An act to amend the Labor

MESSAGES TO THE LtGISLATUBB 16&

Law, in relation to bakeries," should not be effective
against cellar bakeries until a certain time after May
9, 1913, wheii the law went into effect.

Oil June 25th, recommending iiecessary legislatipn
to aid the State Architect's office in doing its important
work.

On July 8th, recommending the enactment of the op-
tional city charter bill.

On July 16th, recommending the enactment of essen-
tial legislation to relieve disgraceful prison conditions
i;Q the State of New York.

Since the convening of this Extraordinary Session
I h^,ye sent the following appointments to the Senate
for confirmation.

To he a Trustee of Cornell University:

John De Witt Warner, of New York City, a former
Member of Congress, and a well-known lawyer. He is
an alumnus of the university and peculiarly qualified
for the duties of the office.

For Commissioners of the State Reservation at Ni-
\ agar a:

Elton T. Eansom, of EansomvUle, N. Y,

Abram J. Elias, of Buffalo, N. Y.

John L. Romer, of Buffalo, N. Y.

Obadiah W. Cutler, of Niagara Falls, N. Y.

These gentleman are weU-known citizens who take
a deep and an abiding interest in the affairs of this
reservation.

For Public Service ComrnissioViers, Second District:
William E. Leffingwell, of Watkins, N. Y., to succeed

Frank W. Stevens, resigned.
Mr. Leffingwell was formerly a conspicuous member

of Assembly. He is a successful business man of much

experience and well qualified for the position.

170 Public Papers of GroyEENOE Stjlzbe

Charles J. Chase, of .Croj;on-on-Hudson, N. Y., to suc-
ceed Curtis N. Douglas, term expired,

Mr. Chase has been connected with the New York
Central and Hudson Eiver railroad for more than
twenty years, , as a locomotive engineer. He is en-
dorsed by railroad organizations, as well as by bankers,
merchants, clergymen and distinguished citizens.

For Commissioner of Labor:

James M. Lynch, of Syracuse, N. Y., to succeed John
Williams, resigned.

Mr. Lynch is one of the foremost labor leaders in
America. He is the president of the International
Typographical Union, whose membership numbers
more than 50,000 enrolled printers. Representatives
from the allied printing trades ; various labor organi-
zations, and many prominent citizens endorsed Mr.
Lynch for this important position. It is generally
admitted he is well qualified to perform its arduous
duties.

For Commissioners of Prisons:

James T. Murphy, of Ogdensburg, N. Y., to succeed
Edgar A. Newell, term expired.

Mr. Murphy is a well-known merchant of Ogdens-
burg, and takes great interest in this institution.

Rudolph Fi Diedling, M. D., of Saugerties-on-Hud-
son, N. Y., to succeed Simon P. Quick, term expired.

Dr. Diedling was at one time surgeon of the Ehnira
Reformatory, and is very conversant with the duties of
the office for which he has been selected-

For trustee of the New Tork State Hospital fjor the
treatment of Incipient Pulmonary Tuberculosis:
George L. Brown, of Elizabethtown, N. Y., to succeed
Martin B. MoClary, resigned.

Messages to the Legislatube 171

Mr. Brown is a well-known and respected citizen of
Elizabethtown ; editor of a nfi'W'spaper, and the present
Postmaster.

For Trustee of the State College of Forestry at Syra-
cuse University :

Francis Hendricks, of Syracuse, N. Y., to succeed
George E. Dunham, heretofore appointed and unable
to serve.

Mr. Hendricks is a highly respectable citizen of
Syracuse. He was formerly State Senator, Collector
of the port of New York, and State Superintendent
of Insurance.

For Hell Gate Pilot:

Albert A. Ford,ham, of . City Island, N. Y., reap-
pointed. Was appointed in 1912 upon the recommenda-
tion of the Board of Port Wardens.

For Fire Island State Park Commissioners :

Colonel Alfred Wagstaif, of New York City, to suc-
ceed Samuel L. Parrish, who declined reappointment.

Colonel Wagstaff is too well known to need introdhic-
tion. He resides on Long Island and is the Clerk of
the Appellate Division, Supreme Court, First Depart-
ment.

James W. Eaton, of Baylon, N. Y., to succeed John
H. Vail, term expired.

Mr. Ekton is a large property holder and actively
interested in the development of the South Shore of
Long Island.

Edward C. Blum, of thfe Borough of Brooklyn, reap-
pointed.

Mr. Blum is a prominent business man and has
served continuously in this offibe since its organization
in 1908, performing very eflScient services. '

172 PuBMc Papers or GtOVebnoe Sulzee

These recommendations and these nominations speak
for themselves; they are made in the interest of the
common weal, and I indulge in the hope that the Leg-
islature will consider them on their merits, ere the ad-
journment of this Extraordinary session.

Of course I am aware of the inconvenience imposed
upon the members of both branches of the Legislature
through the necessity of their attendance at this Ex-
traordinary session, and I appreciate that the consid-
eration of certain charges in the Oohalan case may
have prevented the consideration of some of these leg-
islative matters. However, there is no reason now why
all these matters should not be speedily considered
and promptly disposed of — one way or the other.

The Legislature must recognize that its continuance
in session adds largely to the burdens of the taxpayers
through necessary expense ; and while it is proper that
the pending matters should receive careful consider-
ation, it is respectfully suggested, in the interest of
economy, that they be disposed of at the earliest pos-
sible time and the Legislature then adjourn.

It is useless to deny that at the present season of
the year it is extremely difficult to secure the presence
of a quorum to pass legislation, but I feel confident
that an announcement by the legislative leaders, strictly
adhered to, that pending legislation must be promptly
considered by the votes of all the members, will accom-
plish the desired result ; and to that purpose I respect-
fully urge again that the measures recommended by
me receive immediate and favorable consideration.

With the view of assisting the speedy dispatch of
pending legislative business, and of reducing to a
minimum the necessary expense of this Extraordinary
session of the Legislature, I hereby announce, for the
information of the members and all others interested,

Messages to the Legislatuee 173

that I shall recommend to this Extraordinary session
no further legislation.

For the reasons herein stated, I now earnestly urge
the prompt consideration by this Legislature of pend-
ing measures, and by the Senate early action upon
the appointments I have submitted, to the end that the
general welfare be promoted, the convenience of the
members conserved and the expenses to the taxpayers
of a protracted session reduced to the minimum.

(Signed) WM. SULZER

IV

PART 1

VETO MESSAGES

IV

PART 1
VETO MESSAGES

Amending Legislative Law, in Relation to Compensation
for Appearances in Legislative Matters

State of New York — Executive Ohambee

AiiBANY, April 5, 1913
To THE Assembly:

I return herewith, withotit my approval, Assembly
Bill, Pri-nted No. 1798, entitled:

"An act to amend the legislative law, in relation
to compensation for appearances in legislative
matters."

This hill is now before ine for the second time, hav-
ing been recalled at my suggestion.

The bill is still defective in form and substance and,
if enacted into law, would not only create an anomaly
in regard to the enactment of certain laws, but would
cause great confusion in regard to the -legislative
method of enacting and publishing sueh measures after
their passage. The bill in part prescribes :

" Nothing in this chapter shall be construed as
affecting or relating to any legislative measure or
measures providing for relief from the cost of any
public park, street, opening or widening, in any
proceeding instituted by any local authority."

The " chapter " referred to is the Legislative Law
(chapter 37, Laws of 1909). The language of the pro-
posed bill, above quoted, in effect repeals article 3 of

[1T7]

178 Public Papees of Governor Sulzer

said chapter which relates to " Enactment and Publi-
cation of Laws."

The measure refers to a large class of special bills
that are introduced at every session of the Legislature
providing for cancellation, or , refund of assessments
levied upon property for the cost of local improve-
ments. -' - ' • ' > !

The portion of the bill above referred to would have
the following effect upon such bills and their treatment
in the Legislature : , ,

1. Upon their passage they would not require the
certificate of the presiding officer under section 40 of
the Legislative Law.

2. There would be no provision as • to evidence of
when such bills become a law, since section 41 of the
Legislative Law, relating to this subject, would not
apply to them. . , , = i ,

3. There would be no requirement for the deposit of
such bills, upon their becoming a law, with' t^ie Secre-
tary of State, and his certifying them and, causing the^m
to be published in the bound, volumes of the session
laws, as provided in section 42 of, th« Legislative Law.

4. The provision of section 43 of the Legislative Law
that bills which do not prescribe the time of their tak-
ing effect shall, if they become law, take effect on the
twentieth day thereafter, would not apply to such
special assessment bills.

5. Publication of such spedal assessment laws in
newspapers would not be required as provided in sec-
tion 48 of the Legislative Law.

Aside from the technical defects above emmierated,
the purpose and object of the bill is contrary to sound
public policy.

Veto Messages 179

This bill would legalize a method on the part of lob-
byists and their employers in promoting special assess-
ment bills, which method, if used in promoting any
other kind of bills, would be a criminal act under ^sec-
tion 66 of the Legislative Law.

The»bill would permit those interested in special
assessment legislation to keep secret all facts regard-
ing' the amount and character of their expenses in
securing the passage of such legislation, although all
persons expending money to secure the passage of any
other kind of legislation must file with the Secretary
of State an account p,f . such expenditures.

This is so for the following reasons:

1. The persons Who employ such legislative agents
and legislative counsel for the purpose of securing the
passage of such special assessment bills would not be
required, as othiers who employ legislative agents are
required under section 66 of the Legislative Law, to
file statements of their expenses in connection with
securing the passage of the bills.

2. It would not be unlawful to employ a person to
promote such bills for compensation contingent upon
the passage of the bills. It would not be unlawful for
a legislative agent or counsel to accept such a con-
tingent retainer to secure the passage of such special
assessment bills. The retaining of a lobbyist to pro-
mote the passage of any bill upon such a contingent
retainer is now made a misdemeanor by section 66 of
the Legislative Law.

I deem that no sufficient reason has been advanced
why lobbyists and their employeSrs interested in pro-
moting special assessment bills should thus be per-
mitted to use methods that it is criminal for other lob-
byists and their employers to use. The public policy

180 Public Papees of Goveenok Stjlzeb

back of the provisions of the Legislative Law against
the use of such methods applies with as much force in
the case of lobbying for special assessment bills as in
the case of lobbying for any other bill.

This bill has met with serious objection from the Bar
Association of the city of New York and the Citizens '
Union of the city of New York.

For the reasons above stated I disapprove the bill.
(Signed) WM. SULZER

To Amend Charter of the City of Port Jervis, in Relation
to Compensation of City Officers

State of New York — Executive Chambbe

Albany, April 18, 1913
To the Assembly:

I return herewith, without my approval, Assembly
Bill, Printed No.. 310, entitled:

"An act to amend chapter seven hundred and
fifty-three of the laws of nineteen hundred and
seven, entitled 'An act to incorporate the city of
Port Jervis, in relation to compensation of eity
officers.' "

This bill amends the charter of the city of Port
Jervis, increasing from $300 to $600 the annual salary
of the mayor; makes the salary of aldermen $50, and
of aldermen-at-large $100, and of supervisor an addi-
tional compensation of $50.

The bill is to take effect immediately and conse-
quently is highly objectionable legislation in that it
increases the compensatipn of officers having stated
terms during their term of office.

Veto Messages 181

In addition, I am compelled to disapprove this bill
for the further reason that I am convinced that the
purpose of this measure can be readily accomplished
under and pursuant to the provisions of the Home
Eule Bill for Cities, which was approved by me on
April 10, 1913, and became chapter 247 of the Laws
of 1913.

(Signed) WM. SULZER

To Amend the Charter of the City of Port Jervis, in Re-
lation to the Police Force, its Members and Officers,
and, Powers of the Common Council in Relation
Thereto.

State of New York — Executive Chambeb

Albany, April 18, 1913
To THE Assembly:

I herewith return, without my approval. Assembly
Bill, Printed No. 1733, entitled:

"An act to amend chapter seven hundred and
fifty-three of the laws of nineteen hundred and
seven, entitled 'An act to incorporate the city of
Port Jervis,' in relation to the police force, its
members and officers and powers of the common
council in relation thereto."

This bill is disapproved for the reason that on
April 10, 1913, I approved the Home Rule Bill for
Cities, which became chapter 247 of the Ijaws of 1913,
under which I am convinced that the relief sought for
in this act may be secured, ,

(Signed) WM. SULZER

182 Public Papers of Govebnob Sulzeb

To Establish a Pension Fund for the Paid Officers and
Members of the Fire Department of the City of New
Rochelle

State of New York — Exegtjtivb Chamber

Albany, April 19, 1913
To THE Assembly:

I return herewith, without my approval. Assembly
Bill, Printed No. 1234, entitled:

"An act to establish a pension fund for the paid
officers and members of the fire department of the
city of New Rochelle."

This bill is disapproved for the reason that the pur-
pose sought to be done in this special bill can be accom-
plished under and pursuant to the provisions of the
Home, Rule Law for Cities, which was approved by me
on April 10, 1913, and became chapter 247 of the Laws
of 1913.

The importance to the people of the cities of the
State of this general Home Rule Law can hardly be
exaggerated. It gives the cities of the Empire State
sweeping powers, making them supreme and equipping
them with full authority to carry out and perform all
the requisite functions of local self-government, and
unshackles, emancipates and liberates our municipali-
ties from interference by the State Legislature.

The city is made free and independent and becomes,
in truth, a self-governing community — supreme in all
distinctly local matters. This Home Rule Law makes
the doctrine of municipal frieedom an established fact.
It places the administration of city functions into the
hands of the local citizens. It creates and establishes

Veto Messages 183

the rule of the people in all local matters, so far as
the cities of the State are concerned.

The great changes, and the far-reaching results,
which will follow in the next few years from thi% grant
of genuine local self-government from the present
Legislature cannot, in my opinion, be overestimated.

The Home Rule Law, in its broadest sense, grants
to all cities of the State power to regulate, manage and
control their property and their locaL affairs, with all
the; rights, privileges and jurisdiction necessary to
carry that power into execution.

In so far as I can do so consistently let me say again
that no special bill will meet with executive' approval
if the purpose desired can be accoinplished under the
provisions of the Home Rule Law.

(Signed) WM. SULZER

Amending the Insanity Law, Generally

State of New York — Executive Chambee

' Albajty, April 21, 1913
To THE Assembly :

I return herewith, without my approval, Assembly
Bill, Printed No. 2158, entitled :

"An act to amend the insanity-law generally."

This bill in its present form contains several very
serious defects which meet with my disapproval.

Instead of the chairMan of the State Commission
being designated by the members of the Commission,
this bill provides that the medical member shall be the
chairman.

184 Public Papers of Govebnoe Sulzek

The medical member might vacate his office and the
two remaining members might have had large or long
experience in the administration of the affairs of the
Commission, yet under this proposed amendment a
newly-appointed medical member, necessarily having
less experience in the administration of the affairs of
the Commission, would become the chairman. I deem
it a wise provision of the present law to permit the
Commission to choose a chairman, and situations can
readily be suggested where a wise choice would require
the chairman to be other than the medical member of
the Commission.

The present bill radically changes the qualifications
of the medical member of the Commission. At present
he must have had at least ten years' experience in the
practice of his profession, and five years' experience
in the care and treatment of the insane in an insti-
tution.

Under the amendment he must have had ten years'
actual experience in an institution for the insane; at
least five years' experience of which shall have been in
a New York State hospital for the insane, and he must
have had experience in the management of a New York
State hospital for the insane.

This amendment will, necessarily, limit the field of
choice of the Executive in securing commissioners for
the Lunacy Department. Only those who have served
in a New York State hospital for at least five years and
have, in addition, had experience in the majiagement
of a New York State hospital, can be selected by the
Executive as the medical member of this Commission.

The State of New York should be able to secure the
best equipped and qualified doctor as the medical mem-
ber of this board that it is possible to secure from all
the experienced men in the State.

Veto Messages 185

It may be that a doctor specially trained and of
national or international repute in this particular field,
who has devoted many years to service as head of a
similar department in one of our sister 8tates,»might
be willing to become a medical member of the New
York State Hospital Commission.

No matter how great his qualities or high his pro-
fessional reputation or administrative capacity, he
would be debarred and prohibited from becoming a
member of the New York State Commission under this
proposed amendment.

Without in any sense reflecting upon the qualifica-
tions and efficiency of the doctors who are now em-
ployed in our State hospitals for thfe insane, aU reason-
able men must conotede that this restriction of the field
of choice might, and' possibly would,' result in failure
to secure for the State of New York and it& citizens the
services of an acknowledged leader and administrator
for this very important State department.

The duties of the Bureau of Deportation are mani-
fold, and on the administrative side require a man of
lafge executive capacity and sound judgment based on
large business experience.

While it might be true that a large part of the func-
tions aiid duties of this bureau require medical knowl-
edge for their proper administration, I deem that a
deputy, or deputies, who are hot members of the med-
ical prof essioil might be readily secured from among
the citizens of our State, who as a member, or members,
of this bureau would, in my opinion, greaitly aid or
augment its efficiency and effectiveness.

'' The number of deputies is not limited, but rests in
the discretion of the State Commission, so that there
can be no complaint oh the score that it will be impos-

186 Public Papers of Goveenoe Sulzee

sible to secure sufficient medical deputies to perf (Jrm
the medical work required of this bureau. The total
exclusion of any lay deputy in this bureau fails to meet
with my approval.

This bill proposes to increase the salary of the med-
ical examiner of the Bureau of Deportation from $5,000
to $5,500 per year.

No sufficient reason has been advanced which I deem
sufficient to require at this . time an increase in the
salary of this office. ,

The bill makes radical changes in the qualifications
of the superin,tendent of a State hospital. The bill
requires that he must have had at least five years'
actual experience in a New York State hospital for the
insane, instead of as at present requires five years'
actual experience in any institutipn for the care and
treatment of the insane.

The services of a superintendent of large experience
and great ability demonstrated by his actual service
as a superintendent of a similar :hospital in any State
of the Union could not be secured, and he could not
serve the State of New York in such similar capacity
under the restricted field of choice prescribed by this
proposed amendment,

It is an unwise and an unreasoniable restriction, and
if enacted in the law would, in my opinion, cripple the
efficiency of our State hospitals for the insane to an
extent varying with the circumstances that might arise
in the future. ,

The appointing power of a superintendent of a State
hospital is modified in regard to the provision of the
appointment of officers by such superintendent. The
present law requires him to appoint resident officers ;
the amendment removes such restrictions and permits
him to appoint officers who are nonresident officers.

Veto JVCessages 187

.,1 am of the opinion that the power of appointing a
superintendent should not be pnlarged as provided in
this particular bill.

The bill provides that the State Hospital Goramis-
sion may authorize a superintejident to appoint a den-
tist,, assistant stewards, pharmacists, principals of
training schpols and such .otheir officers as are deemed
necessary. ,,;

I consider that these appointments should be made
by the Commission, subject to the rules of the State
Civil Service Commission, upon recommendation by
the superintendent of a hospital. The responsibility
for the administration of the hospital primarily, and in
the ultimate analysis, rests upon the State Hospital
Commission and the duty should be placed upon them
of examining the qualifications of candidates for these
positions &jid not place the power in th^ superintend-
ents, which, in case of maladministration, would ab-
solve the Sta-te , Hospital Commiss^ion from farther
responsibility in the matter. ,, ,

The bill provides that the superintendent of a hps-
pital shall have power to establish and mainta-in, sub-
ject to the apprpyal of the State Hospital Commission,
one or more out-patient departments, or dispensaries,
within the hospital district, and assign the duties of
such department or dispensary members of the medical
staff, nurses and other employees, and make siich ex-
penditures as may be required therefor, subject to the
approvalof the Commission.

The establishment of out-patient departments is a
commendable and proper one. Necessarily, in ;th,e
course of time (long or ^hort, depending upon the loca-
tion pf tie hpspital), it will becoine necessary to pro-
vide for a distinct and separate staff for the out-patient

188 Public Papers of Goveenob Stjlzeb

department. The taking away from the many hos-
pitals of the members of the medical staff, nurses and
other employees will necessarily require that their
places be filled by others similarly qualified. The
equipment of the out-patient department, as the bill
concedes, will require certain necessary expenditures.
The bill provides that the superintendent of a State
hospital shall make such expenditures " subject to the
approval of the commission."

If this bill were signed in its present form it would
continue and assist to perpetuate a system of auditing
which has been condemned by the Commission of In-
quiry appointed by me in January of this year.

There is pending now in the Legislature a bill to
amend the State Finance Law, in relation to the powers
and duty of the State CoinptroUer, which requires that
no liability shall be incurred for any State charitable
institution or by any officer from a department or com-
mission except under certain supervision of the State
Comptroller.

Statutory construction would require that the method
of auditing described in this proposed amendment
would be exclusive of any other method of audit con-
tained in any other statute. This amendment would
also militate against the recommendations of the Com-
mittee of Inquiry, which it is hoped will be enacted into
law, concerning the es!tablishment of a Department of
Contract and Supply. And, from this point of view
just stated, the amendment contained in the bill which
makes provision for the preparation of plans and speci-
fications for the installation or alteration of mechan-
ical appliances and fixtures in State hospitals, pernait-
ting the State Hospital Commission to employ engi-
neers for this purpose ; and the proposed amendment

Veto Messages 189

relating to competitive bidding concerning such mat-
ters, are not in harmony with, but contradict the pro-
posals embodied in the report of the Committee of
Inquiry which I belieye and earnestly hope will ulti-
mately be enacted into law.

Certain other provisions, were they in separate bills,
might possibly be unobjectionable, but enough has
been shown that, taking the bill, as a . whole, in its
present form, it contains provisions that would so
change, alter and amend the existing law in a manner
which I deem detrimental to the best and most efficient
administration of the affairs of this very important
State department that, without taking up in particular
any other amendments in the measure, for the reasons
above stated, I think it my duty to disapprove this bill.

(Signed) WM. SULZER

To Revise Charter of the City of Corning, in Relation to
Apparatus and Buildings for Fire Prevention

State op, New Yokk — Executive Chambeb

Albany, April 21, 1913
To the Assembly:

I return herewith, without my approval, Assembly
Bill, Printed No. 1586, entitled:

' ' An act to amend chapter one hundred and

forty-two, laws of nineteen hundred and five,

entitled 'An act to revise the charter of the city

of Corning, in relation to apparatus and buildings

; for fire prevention. ' "

This bill is disapproved for the reason that the pur-
pose sought to be done by this special bill can be accom-

190 Public Papebs of Govebnob Sulzeb

plished .under and pursuant to the provisions of the
Home Eule Law for Cities, which was approved by me
on April 10, 1913, and beca<Qie chapter 247 of the Laws

•^ • (Sighed) WM. SULZER

Incorporating the City of Oneonta, Generally

State or New Yokk — Executive Chambee .

m A Albany, April 21, 1913

To THE Assembly : . '

I return herewith, without my approval, Assembly
Bill, Printed No. 1164, entitled:

"An act to incorporate the city of Oneonta,
generally. ' '

I feel it my duty to disapprove this bill for the rea-
son that I believe the purpose of this measure can be
readily accomplished under and pursuant to the pro-
visions of the Home Eule Law for; Cities, which was
approved by me on April 10, 1913, and became chap-
ter 247 of the Laws of 1913.

(Signed) WM. SULZEE

Amending the Election Law, Generally

State or New York — Executive Chambee
To THE Senate: , Albany, ^i^rir 24, 1913

I herewith return, without my approval, Senate Bill,
Printed No. 2110, entitled:

,i . "An act to amend the election law, generally."

Veto Messages 191

"'This bill claims to be the fulflllnient of the pledges
of the last Democratic, Republican and Progressive
State platforms, and purports to change and perfect
the existing Primary and'Electidn Laws, in -establish-
ing genuine, State-wide direct primaries for all can-
didates to be elected by the pebplei -'vIc, ■irjiii

As a matter of fact, the bill is a fraud, and does
nothing of the kind. At best, it is a miserable make-
shift. ■ «J- -/IfMf .

■i>Let me state that I have given careful examination
and much consideration to the amendments contained
in this bill. It is my conclusion, as I believe it must
be the conviction of any fair minded man who will
exaniine this: measure, that the slight amendments
made to the existing laws are mere patchwork, chang-
ingionly a few minor details that clearly demonstrate
a design to tinker wi'th a grave subject, by way of
subterfuge, in order to deceive the voters. lO'/ "-^

These amendments will accomplish no honest re-
form, and would rqad like an amusing farce, if it were
not for the fact that the members of the present Legis-
lature who sanctioned its enactment are irrevocably
pledged and bound: by the highest moral and political
obligations to pass an honest and a genuine State-
wide Direct Primary Law.

Hence, in the light of all we kiiow concerning this
measure, it must be branded as enacted in bad faith;
wholly fraudulent; and a glaring breach of the pledged
faith of every member of the Legislature. There is
no escape from this conclusion.

This measure is a fraud on the electors of our State ;
and is in no sense a real and an honest State-wide
Direct Primary Law; nor can it conceivably be said,
from any point of view, to fulfill! the pledges in the

192 Public Papees of Goveenob Sulzee

State platforms of the respective political parties in
our commonwealtli.

Among the many shortcomings of the bill, it may be
pointed o.ut that it <iQes not, extend the system of di-
rect nominations in any way. The reduction of the
stipulated number of signatures for independent
nominations to a minimum of 5 per cent.: of the votes
for Grovernor in a political unit would actually compel
an independent candidate, in many districts in N«w
York city, for example, to obtain a greater number
of signatures to his petition than are necessary under
the present law. . ,

The bill does not abolish the organization column,
on the primary ballot, and the use of the party emblem:
The suggested change in the style of ballot is not a
change at all in the system of committee representa-
tion, and necessarily the primary ballots, particularly
in New York city, will continue to reach the ridiculous
and scandalous length of fourteen or more feet.

It leaves in the present law the provision for State
conventions ; the designation of candidates by political
committees ; the use of the party emblem by the organ-
ization committees ; and the possibility of voting the
whole ticket by placing a cross in the circle. These
are impediments to genuine reform in our election and
primary laws, which the citizens have the right to ex-
pect their representatives in the present Le^slature
to eradicate and to abolish.

The amendments contained in the bill concerning the
reduction of the number of registration days in the
country from four to two; the limitation of the num-
ber of election commissioners in a county to two ; and
the reduction of the number of signers in some cases
to independent petitions are satisfactory, so far as

Veto Messages 193

they go, but these possibly good features are all con-
tained in the State-wide Direct Primary Bill, which
I caused to be prepared, and to be introduced, for the
consider£),tipn of the present Legislature after I be-
came thoroughly convinced that the present members
of the Senate and tie Assembly did not intend to
redeem, in this, matter, their pledges to the people.

As I have frequently said before, aud which I de-
sire now to reiterate wjth tbe greatest possible sin-
cerity and earnestness, every member of, the present
Legislature is bound by the highest moral and politi-
cal obligations to vote for a genuine, honest, and real
" State-wide " direct primary law, that will permit
the voters of the State to construct and control politi-
cal organizations from the bottom upward, instead of
permitting them to be constructed an^ controlled, as
at present, from the top down\vard. It must be done,
or we will stand convicted of deliberately getting
office under false pretences.

The record will show that for years I have been a
consistent advocate of genuine direct primaries, and
I firmly believe that the enactment into law of a State-
wide direct primary bill, along the lines of the meas-
ure I have caused to be prepared, and to be introduced
in the Legislature, will accomplish what the voters de-
sire, and reflect greater credit on the members of the
present Legislature than the passage of any other act
that can, or will be presented, for the consideration
of its members this year. There should be no ad-
journment until this is done. Let us be honest with
the voters and keep our pledges to the people. Atall
events, as the Grovernor, I shall, and if the Legisla-
ture does not, I want the voters to know the reason
why. ;

194 Public Papbes of Govbrnob Sulzek

When we consider the waste, the extravagance, the
itieffieiericy, and the corruption which have recently
been brought to light in connection with the adminis-
tration 6f public affairs in our State, and which are
the cause of painful humiliation to every thoughtful
and patriotic citizen, all due, in no small degree, to
the fact that in recent years political power has been
gradually slipping away from the people who should
a:lways control it and wield it, there can be no doubt
as to the necessity of this legislation and as to our
duty in this all important matter.

Every intelligent citizen is aware that those who
subvert free government to their personal advantage
have found their greatest opportunities to do so
through the adroit and skillful manipulation of our
system of party caucuses and political conventions.
We have been given leadership dishonorable to the
various political parties of the State, and we have
been given party tickets which reflect this dishonor-
able leadership in disgraceful secret alliances between
big business interests and crooked and corrupt politics.
It must cease or our free institutions are doomed.

The honest citizens of our State for years have de-
manded an end to these shameful conditions. They
now insist on primary reform, thoroughgoing, radical
and direct and complete, and I would be unfaithful to
these salutary demands , of the people of this State
and to the pledges of the political platforms of my
own party if I were to give my official approval to this
bill, which while it might do something to improve our
primary law, goes such ' a short distance in the right
direction that it would seem like giving a stone to the
voters when the people are asking for bread.

Veto Messages 195

If we fail to make our system of direct primaries
apply to State offices, we have left off our work of
primary reform where the people expected us to
begin. The widespread demand for direct primaries
in our State found its origin mainly in the dissatis-
faction arising from the failure of our State conveur
tions to faithfully reflect the sentiments of the party
voters. Every student of our recent political history
knows this, and no one knows it better than I do.

In withholding Executive approval of this bill I am
prompted by the hope and the confidence that the
Legislature, ere it adjourns, will sincerely redeem the
promises regarding State-wide Direct Primaries of
the political platforms of the Democratic, the Repub-
lican and the Progressive parties. In my judgment
this must be done. The Democratic platforms adopted
in the last two State conventions are explicit declara-
tions for a ' ' State-wide ' ' direct primary. There Cain
be no " State-wide " direct primary that does not
apply to all State offices. Who can successfully deny
this?

Any proposition less than this begs the whole ques-
tion, and viola,tes the pledged faith of all the parties
to every voter in the State. I am now, and always
have been, and always will be in favor of carrying out
our platform pledges to the letter. The best way to
strengthen a political party is to keep the faith. I
want to restore to the people of the State the complete
control of their State government ; to afford the voters
of the State the freest expression of their choice of
candidates for public office; and I believe that my
pending " State-wide " Direct Primary Bill embraces
an honest, a sincere, a comprehensive, and a practical
plan for these accomplishments.

196 Public Papers of Governor Sxjlzer

Besides, I consider that my " State-wide " Direct
Primary Bill is an absolutely nonpartisan measure,
which faithfully reproduces, and will carry into prac-
tice, the pledges of the three great political parties
concerned in the last State election; and that, on its
merits, it will meet the approval and have the support
and the backing of a large majority of all the citizens
of this State ; and I am convinced that every member
of this Legislature, is solemnly bound in honor by the
highest moral and political obligations to vote for its
enactment; and those who fail to do so will be forced
to yield to public opinion and be replaced by others
who will vote to give the State an efficient and just
State-wide direct primary law, that will embrace every
office, from G-overnor down to constable.

It is unnecessary for me, or any other man, to say
that in continuing the delegate system in nominating
State officers, electors are not allowed to nominate
directly. In continuing the delegate system we are,
therefore, ignoring and repudiating our platform
pledges and betraying the people with false pretences.
I shall not be a party to such a repudiation; I shall
not endorse such a betrayal of the people. No political
party can make me a political hypocrite.

This bill is disapproved.

(Signed) WM. SULZER

Veto Messages 197

Incorporating the City of Geneva, Generally

State of New York — Executive Chambeb

Albany, April 25, 1913
To the Assembly:

I return herewith, without my approval. Assembly
Bill, Printed No. 541, entitled:

"An act to amend chapter three hundred and
sixty of the laws of eighteen hundred and ninety-
seven, entitled 'An act to incorporate the city of
Geneva, generally.' "

This bill is disapproved for the reason that the pur-
poses of this measure can be readily accomplished
under and pursuant to the Home Rule Bill for Cities,
which was approved by me on April 10, 1913, and be-
came chapter 247 of the Laws of 1913.

(Signed) WM. SULZER

Clianging Date of Meeting of Prospect Hill Cemetery

Association

State of New York — Executive Chamber

Albany, April 25, 1913
To THE Assembly:

I herewith return, without my approval, Assembly
Bill, Printed No. 1666, entitled:

"An act to change the date of the annual meet-
ing of Prospect Hill Cemetery Association."

This cemetery was incorporated under chapter 133
of the Laws of 1847, which was entirely repealed by

198 Public Papers of Govebnok Sulzbb

chapter 40 of the Laws of 1909, being the Membership
Corporations Law as appears from section 310 of
said chapter, in the schedule of laws repealed.

This bill is highly special in character and provides
for a change of the date of the annual meeting of this
cemetery association. By section 63 of the Member-
ship Corporations Law, adequate provisions are made
covering corporate meetings to which this particular
cemetery association is now subject.

Article 4 of said Membership Corporations Law is
entitled " Cemetery Corporations," and this article
has been held to apply, to a cemetery corporation in-
corporated under an act repealed by the Membership
Corporations Law in the Matter of Bauerin, 68 Ap-
pellate Division 212 (1902).

This particular bill is consequently unnecessary
legislation.

The bill is disapproved.

(Signed) WM. SULZER

Item of Appropriation Objected to Contained in Bill Ap-
propriating Moneys for the Commission of the State
Reservation at Saratoga Springs, the Other Portion
of Which Bill was Approved

State op New Yoek — Exectttivb Chamber

AiBANY, April 30, 1,913
To THE Assembly:

Pursuant to article 4', section 9 of the State Con-
stitution, I hereby transmit to -yoiir honorable body
the following: statement, or memorandum, which was
filed with Assembly Bill, Printed No. 2218, entitled':

Veto Messages 199

"An act to appropriate moneys for tlie objects
and purposes of the Commissioners of the State
Reservation at Saratoga, including the acquisi-
tion of additional property by such commis-
sioners. "

Memorandum filed with Assembly Bill, Introductory
No. 1914, Printed No. 2218, entitled:

"An act to appropriate moneys for the objects
and purposes of the . Commissioners of the State
Eeservfttipn, at Saratoga, including the acquisi-
tion of additional property by such commis-
sioners. ' '

. Statement of item, of appropriation contained in
such bill is objectedj to-wit: Page 2, section 2 of the
bill, which reads as follows:

" Section 2. The sum of one hundred thousand
dollars ($100,000), or so much thereof as may be
necessary, is hereby appropriated, out of any
money in the state treasury, not otherwise appro-
priated, for the purchase of additional property
by the commissioners of the state reservation at
Saratoga Springs, for the purposes of the board
of that name established under the provisions of
chapter five hundred and sixty-nine of the laws of
nineteen hundred and nine, in addition to the
property authorized to be acquired by such chap-
ter. The moneys appropriated, by the provisions
of this section shailbe paid out by the state treas-
urer upon the warrant of the comptroller to the
order of such board-, upon the written approval of
the governor. "

This $100,000 appropriation is now disallowed as it
was disallowed last year, because the Board of Claims

200 Public Papers op Govebnoe Sulzee

has not yet been able to try tbe cases and it does not
seem probable tbat they will reach a decision during
the current year. It is understood that when the
Board of Claims shall reach a judgment or decision as
to the price to be paid for these properties, the Legis-
lature will, I believe, appropriate the funds to provide
the amount of interest and expenses incurred by
reason of the delay in trying these cases.

Therefore, it does not seem to be necessary to ap-
propriate the money this year.

I have already signed a reappropriation of over
$450,000 for the purposes of adjusting and payment
of claims for lands and property appropriated by the
State at Saratoga Springs, which seems to be more
than is likely to be necessary for such agreement on
compensation, as the commission is likely to reach this
year.

For the reasons stated above, I disapprove the item
of $100,000 contained in section 2 of the bill, while ap-
proving the other portion of the bill.

(Signed) WM. SULZER

Revising Charter of the City of Watertown, in Relation
to Extending the Time for the Payment of Taxes

State op New Yoek — ExECUTr^E Chambee

Albany, April 30, 1913
To THE Senate:

I return herewith, without my approval. Senate
Bill, Printed No. 816, entitled:

"An act to amend chapter seven hundred and
sixty of the laws of eighteen hundred and ninety-

Veto Messages 201

seven, as amended, entitled 'An act to revise tlie
charter of tlie city of Watertown,' in relation to
extending the time for the payment of taxes."

This bill is disapproved for the reason that the pur-
poses of this measure can be readily accomplished
under and pursuant to the Home Rule Bill for Cities,
which was approved by me on April lO, 1913, and be-
came chapter 247 of the Laws of 1913.

(Signed) WM. SULZER.

Amending the Insanity Law, in Relation to the Retire-
ment of Employees of State Hospitals for the Insane

State of New Tobk — Exbotjtevb Chambek

„ , Albany, May 2, 1913

To the Assembly:

I return herewith, without my approval. Assembly

Bill, Printed No. 1752, entitled:

"An act to amend the insanity law, in relation

to the retirement of employees of state hospitals

for the insane."

This plan for the retirement of the employees of our
State hospitals is based upon the faqt that it is a self-
sustaining proposition. The employees concerned de-
clare that no financial assistance is expected or will
ever be required from the State.

Such being the case, the principle of associating
State officers in connection with the administration of
the funds of this body of employees, is an error from
both a logical and an administrative viewpoint,

A self-sustaining association of employees of this
character, if correctly managed and in accordance
with the statements made by those interested, should

202 Public Papers of Goverwoe Sxjlzee

be conducted solely by its own officers and undoubtedly
could be formed , under and pursuant to the General
Statutes, covering the subject of insurance now in
force in this State.

If the general insurance laws are inadequate tliey
should be amended, If the aqtuarial figures and com-
putations made for the securing and maintenance of
the retirement funds are accurate, it is impossible to
suggest any reason why any State officer, such as the
Comptroller, should be connected in any way with the
administrative side of this retirement plan.

The State of New York has not yet committed itself
as a matter of public policy to pension for civil em-
ployees, and it is my opinion that the concededly jm-
necessary attachment of this plan to the State through
the State Comptroller, can be for no other useful pur-
pose, except to. create an impression that in some
manner, the State is necessarily interested, financially
or otherwise, in the operation and conduct of this civil
pension matter.

,, The original law, which. this bill seeks to amend was
not in accord with the public policy of the State, and
the amendments proposed by this bill impair rather
than improve the original law. The amendment^, re-
duce the source of revenue and at the same time in-
crease those who may participate in the fund. This
is not sound financial administration. My objection to
this bill is that this form of insurance should be car-
ried on entirely separate and apart from the State,
and I am confideht that each and every of the worthy
purposes contained in the original law, and the amend-
ments to this bill, can be consummated without legis-
lation of this character.

I disapprove the bill.

(Signed) WM. STJLZER

Veto Messages 203

Amending the Judiciary Law, Relative to the Delivery
and Publication of Opinions of Justices of the Ap-
pellate Division ,«iin>, .otu*!

State of New YoKk — Executite Ohambee*

" Albjosy, May 2, 1913

To THE Assembly: ' > oT

'. I return herewith, without my approval, Assembly
Bill, Printed No. 224, entitled: «*^- ->/[
•rnu-> (<^jj^ a,ct to amend the judiciary > law, relative
'" to the delivery and publication of opinions of jus-
tices of the appellate division." 'J^^

This bill is not approved for the reason that the
power to correct the evil, if any exists, lies within the
authority of the justices constituting the respective
Appellate Divisions of the State of New York, who are
already vested with power and authority to create
sufficient rules #hich would readily correct the alleged
violations.

Such power and authority being with the respective
Appellate Divisions, the matter is one which should be
left for their correction rather than by correction
through legislation.

This bill is disapproved.

(Signed) WM. SULZER

204 Public Papers of GoyEBNOK Sxjlzeb

Amending the Education Law, Relative to the Assess-
ment for School Purposes of Certain State Lands in
Dutchess County

State of New York — Executive Chambbe

Albany, May 2, 1913
To the Assembly:

I return herewith, without my approval, Assembly
Bill, Printed No. 2417, entitled :

"An act to amend the education law, relative
to the assessment for school purposes of certain
state lands in Dutchess county."

After an examination of the facts in the locality
which this bUl affects, I am convinced that at present
there is no pressing necessity of enacting this measure
into law.

I disapprove the bill.

(Signed) WM. SULZER

IV

PART 2

VETO MESSAGES

(Extraordinary Session)

IV

PART 2

VETO MESSAGES
(Extraordinary Session)

To amend the Election Law Generally, in Relation to Re-
ducing Expenses of Noniinations and Elections and
Further Regulating the Conduct of Primaries and
Elections

State op New Yokk — Executive Chamber

Ar,BANY, July 8, 1913
To the Assembly:

I return herewith without my approval, Assembly
bill printed No. 2 (extraordinary session) entitled:

"An act to amend the election law generally,
in relation to reducing expenses of nominations
and elections and further regulating the .conduct
of primaries and elections."

During the previous session- of the Legislature, I
twice vetoed bills similar to the one now .bef,pxe me.
The reasons stated in my former yetoes are applicable
to this measure.

My views concerning the provisions in thipt bill, are
well known to the voters of the State, and s]iD^4rl>e to
every member of the Legislature.

I am aware that this measure passe^.the Assembly
by a bare majority; and, although it must (be i deemed
to represent the position of the Legislature at this, time,
respecting promised electoral reforms, I am convinced
that it does not carry out in good faith tKe pledges of
the leading political parties of our State which, a great
majority of the citizens of New York insist shall,, !^e
done in accordance with platform promises.

[207]

208 Public Papees of Govebnoe Sulzee

I feel confident that whein the opportunity presents
itself the disapproval of the electors of this measure
will be as emphatic as is my disapproval of this bill,
and the two previous similar measures.

The bill is disapproved.

(Signed) WM. SULZER.

To Amend the Election Law, in Relation to Reducing Ex=
penses in the Operation of Such Law.

State of New Yoek — ExECXJTrv^ Chambee

Albany, July 8, 1913
To the Assembly:

I return herewith without my approval, Assembly
bill, printed No. 1 (extraordinary session) ■entitled:

"An act to amend the election law, in relation to
reducing expenses in the operation of such law."

Every desirable feature contained in the measure
now before me for executive action was embraced in
the measure amending the Election Law generally,
which I recommended and caused to be introduced at
the commencement of this extraordinary- session, aiid
which this Legislature has seen fit to defeat.

On examination, this measure contains certain fea-
tures which, under the guise of attempting to reduce
election expenses, operate to continue in force objec-
tionable features of our present primary law.

For example, the provisions for marking a vote on
the primary ballot, permit the voting a straight ticket
by making a mark in a circle under an emblem. The re-
tention of this device operates against real reform in
our primary law, which I believe a majority of the
voters expect this Legislature to accomplisih.

Veto Messages 209

TJie measure now before me prescribes that the
party emblem shall appear upon the primary ballot.
This, as I have said before, I believe to be an impedi-
ment to real primary reform.

The method which I urged, of marking a direct*pri-
mary ballot by a voter, amends section 58 of the Elec-
tion Law in this respect, by eliminating any possibility
of yoting a straight ticket by maJdng a mark in a circle
under an emblem, and requires in substance, a cross
mark in the voting space at the left of the candidate's
name.^

I am in accord with the legislative desire to reduce
the unnecessarily large expense in the operation of
the Primary Law, but my power as Executive, when
acting upon measures passed by the Legislature, does
not permit me to retain the good features of a bill and
reject the bad ones.

If the purpose of this bill were solely to reduce the
. burden of expense now incident to primary elections,
I would gladly approve it ; but when it deals with the
question of primary reform in a manner directly op-
posed to the recommendations I have made, I am con-
vinced that in regard to this measure, it is my duty to
disapprove the same, and I believe a majority of the
voters of our State will sustain my action in so doing.

I disapprove the bill.

(Signed) WM. SULZEE.

210 Public Papees of Govebnoe StrLZES

To Amend the Election Law Relative to Members of
State Committees of Political Parties

State of New Yoek — Executive Chamber

Albany, July 24, 1913
To the Senate:

I return herewith, without my approval. Senate bill
introductory No. 17, printed No. 11 (extraordinary
session), entitled:

"An act to amend the Election Law, relative to
members of State committees of political parties."

This measure is undesirable and departs from the
provisions contained in the bill for a State-wide Di-
rect Primary Law, which I sent to the Legislature,
with a special message on June 16, 1913, but which
bill unfortunately failed of passage.

The friends of direct primaries are in favor of the
provisions in that bill, for direct nominations, which
provides for a State committee of 150 members — one
from each Assembly district; each member having. but
one vote ; but the measure now before me requires that
the State committee shall be composed of one member
from each Assembly district, with an added vote in the
State committee for each additional 1,000 votes, or
major portion thereof, cast in the Assembly district,
represented by such member, for the candidate of the
party for the office of Governor at the last preceding
State election.

The political purpose of the bill before me is ap-
parent. It is a scheme to enlarge the State committee,
but to continue the control of the same by few men.
In practice it would inevitably tend to strengthen the
grip of the party bosses on the political machinery

Veto Messages 211

of the State, and from no point of view would it pro-
jinote more effective control of the State committee by
the party voters.

I disapprove the bill.

(Signed) WM. SULZER.

To Amend Housing Law for Second Class Cities in Rela-
tion to Side Yar4s and Time of Talcing Effect

State of New Yokk — Executive Chamber

Albany, July 24, 1913
To the Senate:

I return herewith, without nly lapproval. Senate bill
introductory No. 30, printed No. 30 (extraordinary
session), entitled:

"An act to amend the Housing Law for second
class cities, in relation to side yards and time of
taking effect."

and also Senate bill iniiroducitory No. 31, printed No.
31 (extraordinary session), entitled:

, , .; ''An act to amend the Housing Law for second
, , ; ; class cities, in relation to the time when said law
, shall take effect. ' '

I have this day approved a bill extending the time
when the Housing Act shall take effect, which bill was
agreed upon at a conference, held in Albany, by a large
number of persons interested, and accompanied the
special inessage which I sent to this Legislature con-
cerning the matter.

"The bill signed carries out the purposes suggested
in. my special miessage and I deem it unnecessary at
this time to SLplii-bx^'^ the foregoing bills.

(Signed) WM. SULZER.

.212 Public Papers of Gtovebnok Sulzee

To Amend Law Providing for Issuance of Bonds for the
Improvement of the Canals and in Relation to Toll
Bridges

State of New York — Executive Chamber

Albany, August 5, 1913
To the Assembly:

I return herewith, without my approval, Assembly
bill introductory No. 15, printed -No. 15 (extraordinary
session), entitled: >i,i. ,

"An act to amend chapter one hundred and.
forty-seven of the Laws of nineteen hundred and
three, entitled ' An , act, making provision for issu-
ing bonds to the amount of not to exceed one hun-
dred and one million dollars for the improvement
of the Erie canal, the Oswego canal and the Oham-
plain canal, and providing for a submission of the
same to the people to be voted upon at the general
election to be held in the year nineteen hundred
and three,' in relation to toll bridges over the
barge canal."

Under the facts concerning the passage of this bill,
as disclosed by the official journals of the Senate and
the Assembly, I feel convinced that I am without juris-
diction, as Executive, to pass upon the merits of this
measure.

The official journal of the Senate, with which I have
been furnished a certified copy, shows that but twenty-
eight Senators were present when the vote was taken
on this bill.

I am clearly of the opinion that this bill is one of
those which, pursuant to section 25, article III of the
Constitution, requires a quorum of the Senate or As-

Veto Messages 213

sembly shall consist of not tes^s than three-fifths of all
the members elected thereto.

From the official journal of the Senate it affirma-
tively appears that there was less than three-fifths of
the members elected to the Senate present when*the
vote was taken. It follows that the bill was not passed
in conformity with the Constitution and, without ait
this time considering the merits of the bill, I believe
that the existing circumstances require that it should
noit receive Executive approval.

I disapprove the bill.

(Signed) WM. SULZER.

IV.

PART 3

VETO MEMORANDA

IV

PART 3

VETO MEMORANDA

Bills Disapproved for the Reason that Purposes Can Be
Accomplished by Home Rule Measure

State of New York — Executive , Chambee

Albany, May 10, 1913

The following bills have not been approved for the
reason that the purposes of the measures, can be ac-
complished under the provisions of the Home Eule
Law for Cities, which was approved by me, April 10,
1913, and became Chapter 247 of the Laws of 1913.

These bills are as follows :

Assembly bill, Introductory No. 1976, Printed No.
2691, entitled:

"An act to amend chapter seven hundred and
fifty-one of the , laws of nineteen hundred and
seven, entitled, 'An act to revise the charter of the
city of Binghamton,' relative to the amount of
money tp,be raised for school purposes. "

Assembly bill, Introductory No. 2156, Printed No.
2582, entitled: " ■' ■-'■ ■ •

"An act to amend chapter three hundred and
forty-five of tbe'laws of eighteen hundred and
eighty-one, entitled 'An act to amend chapter
eighty-two of the laws of eighteen hundred and
eighty, entitled "An act to regulate the location of
future burial grounds and cemeteries "v^fithin the
city of Buffalo," in relation to the burial of mem-
beys of certain religioiis corporations.' "

[217]

218 Public Papebs of Govebnob Sulzeb

Assembly bill, Introductory No. 1855, Printed No.
2503, entitled: ■' •

"An act to amend chapter three hundred of the
laws of ninet^n hun^rec^,: ai^d f9Tir, entitled 'An
act to revise and consolidate the several acts rela-
tive'to the city of Niagara Falls,' relative to the
firemen's relief and pension fund."

Assembly bill. Introductory No. 1856, Printed No.
2121,. entitled: /

, " An act , to amend, cha,pter three h^ndred of the
laws of nineteen hundred and four, entitled 'An
, lacj; tp revise an,d,, consolidate the several (acts
relative to the city ,pf Niagara Pallst,,' relative* to
the number of, policemen and the rate of interest
of school bonds."

Assembly bill, Introductory No. 1882, Printed No.
2403, entitled:

" An act to amend chapter six hundred and fifty

of the laws of nineteen hundred and four, entitled

' An act to revise the charter of the city of Rome, '

generally. ' '

Senate bill,, Introductory No. 1275, Printed No. 1791,

entitled,: .|j , , ; , ,

"An act to amend the charter of the city- of
Little Falls, in relation tpitjie paving or repaving
of any, street or portion of a ^treet,"

Assembly bill. Introductory No. 457, Printed No.
2289, entitled :

' ' An act to amend chapter eighteen of the laws
of eighteen hundred and sixty- two, entitled 'An
act to revise the charter of the city of Utica,' gen-
erally, and abolishing the office of ward collector. "

Veto Messages 219

Assembly bill, Introductory No. 1040, Printed No.
2243, entitled:

' '.Ajfi act , to anaend chapter six huridred and
eighty-fpur osf, j;he laws of nineteen hi^i^4red and
five, entitled 'An act to supjjler^ent the provisions
of law relating to the, department of public works
of the city of Syracuse.' "

Senate till. Introductory No^ 97^^ Priced No. 1531,
entitled :

"An act to amend chapter beveri hundred and

sixty of the laws of eighteen hundred and ninety-

' seven as amended, entitled 'An. act to revise the

charter of the city of Watertown,' in relation to

assessments fbr pavements. "

Assembly bill, JJntroductory, No. 263, Printed No.
1377, entitled: '-■■■■<■

"An act to amend chapter five hundred and
seventy of the laws of nineteen hundred and nine,
entitled 'An act to establish the city court of Buf-'
, falo, defining its powers and jurisdiction and pro-
viding for its officers,,' in, relation to the salaries
of the, judges of the city poujrt of Buffalo."

Assembly bill. Introductory No. 1954, Printed No.
2263, entitled: ;

/ j i'^' An act to amen(i ciiapter two hundred, and
thirty-five of the laws of nineteen hundred and,
eight, entitled 'An act to authorize the city of Buf-
falo to issue its bonds for the purpose of raising
money to erect public buildings and to acquire
lands therefor,' in relation to the terms and con-
ditions of bond issues and the enlargement of said
buildings." i

220 Public Papers of Govbrnok Stjlzeb

Assembly bill, Introductory No. 1118, Printed No.
1735, entitled :

"An act to amend chapter four hundred and
seventy-seven of the laws of nineteen hundred and
six, entitled 'An act to revise the charter of the
city of Elmira, ' generally. ' '

Assembly bill, Introductory No. 862, Printed No.
21389, entitled:

"An act to amend chapter seven hundred and
ten of the laws of eighteen hundred and ninety-
five, entitled 'An act to establish the ofl&ce of the
Comptroller of the city of Mount Vernon,' as
amended by chapter sixty-nine pf the laws of nine-
teen hundred and one, as amended by chapter
seventy-six of the laws of nineteen hundred and
ten, in relation to his annual report."

Assembly bill, Introduptory No. 1634, Printed No.
1831, entitled:

"Ail act to amend chapter seven hundred and
fifty-two of the laws of nineteen hundred and
seven, entitled, 'An act to revise the charter of the
city of North Tonawanda/ in relation to the fire
department. ' '

Assembly bill. Introductory No. 149'3, Printed No.
1649, entitled :

"An act to authorize, ithe board, of trustees of
the police pension fund of the city of Buffalo, in
their discretion, to increase pensions heretofore
granted to widows of former members of the
police force."

Veto Messages 221

Assembly bill, Introductory No. 234, Printed No.
237, entitled :

"An act to authorize the board of estimate |ind
apportionment of the city of New York to inquire
into, audit and cause the payment of the claims of
Antonio M. Caridi, Theodore Palumbo, Frank V.
Bruno and Alfred Bertoncini for services rendered
to the said city."

Assembly bill. Introductory No. 1565, Printed No.
1748, entitled:

"An act to amend chapter three hundred of the
laws of nineteen hundred and four, entitled 'An
act to revise and consolidate the several acts
relative to the city of Niagara Falls,' relative to
the policemen's relief and pension fund. "

Assembly bill. Introductory No. 1633, Printed No.
1830, entitled :

"An act to amend chapter seven hundred and
fifty- two of the laws of nineteen hundred and
seven, entitled ' An act to revise the charter of the
city of North Tonawanda/ generally, and repeal-
ing certain provisions thereof relating to re-
paving. ' '

Assembly bill, Introductory No. 1636, Printed No.
183'2, entitled:

"An act to authorize the city of North Tona-
wanda to provide for the removal of bodies, monu-
ments and grave stones from a portion of an old
burying ground known as Colonel John Sweeney's
Tonawanda Eural Cemetery,, situate on the east
side of Payne avenue between Christiana street
and Thompson street in said city and to provide a

222 Public Papers of Gtovebnob Sulzeb

suitable place to inter all said bodies and to re-
inter the same and reset tbe monuments and grave
stones, and to issue bonds therefor and to acquire
the title in fee to such grounds for a public street. ' '

Assembly bill, Introductory No. 1982, Printed No.
2307, entitled:

"An act authorizing the city of Buffalo to bor-
row money by issuing bonds in sums not exceed-
ing in the aggregate one hundred thousand dol-
lars, for the purpose of improving playgrounds in
said city and acquiring additional lands therefor. ' '

Assembly bill, Introductory No. 727, Printed No.
755, entitled:

"An act in relation to the acceptance by dedica-
tion of streets, highways and alleys in the city of
Syracuse. ' '

Senate bill, Introductory No. 525, Printed No. 1024,
entitled: '

"An act to amend chapter one hundred and
eighty-three of the laws of nineteen hundred and
seven, entitled 'An act to establish a police pen-
sion fund for the city of Schenectady, New York, '
in relation to the composition and distribution of
such fund."

(Signed) WM. SULZEE

Veto Messages • 223

Amending County Law Relative to Registration of Dogs

State of New Yokk -— Exectjtive Chambee

Albany, May 10', 1913, ,

Memorandum filed witk Senate bill, Introductory
No. 968, Printed No. 1083, entitled:

■ "An act to amend the county law, in relation to
the registration of dogs."

Not Appeoved.

I' d|^§in that this hi,!,! is unnecessary and that the pur-
poses of the bill should be more properly accomplished
by raising the fee for registration of dogs uniformly
throughout the entire county.

I disapprove of the bill,

( Signed) ' WM. SULZER

Conferring Jurisdiction upon Court of Claims for tlie
Determination of Special Cases

State of New York — Executive Chamber

Albany, May 10, 1913

Memorandum filed with bills specified below.

Not Approved.

Th,e follqYring bills ^conferring jurisdiction upon the
Board of Claims to determine special cases are disap-
proved. If the jurisdiction of the Board' of Claims
should be enlarged, the law should be suitably amended
accordingly. Its jurisdiction should be extended by
general laws applicable to all throughout the State and

224 Public Papers of Govebnob Stjlzee

not by special laws such, as the bills referred to in
favor of particular claimants.
The bills referred to are as follows :
Assembly bill. Introductory No. 1689, Printed No.
1908, entitled:

"An act to confer jurisdiction upon the Board
of Claims, to hear, audit and determine the al-
leged claim of John I. Munro, against the State
for damages alleged to have been sustained by
him while in the employ of the State at Kings Park
State Hospital, and to render judgment therefor."

Assembly bill. Introductory No. 13185, Printed No.
1510, entitled:

"An act to confer jurisdiction upon the Board
of Claims, to hear, audit and determine the al-
leged claim of Bernard S,. Samson against the
State for damages alleged to have been sustained
by him in the payment of money to the State by
mistake and to render judgment therefor."

Senate bill, Introductory No. 1052, Printed No. 1199,
entitled :

"An act to confer jurisdiction upon the Board
of Claims, to hear, audit and determine the al-
leged claim of the Bethany Methodist Episcopal
Church of the city of "Watertdwn, New York,
against the State of New York,, and to render
judgment therefor."

Assembly bill, Introductory No. 274, Printed No.
2,718, entitled:

"An act to confer jurisdiction upon the Board
of Claims, to hear, audit and determine the al-
leged claim of John L. Moriarty against the State

' Veto Messages 225

of New york for damages for personal injuries
alleged to nave been sustained by' him while serv-
ing as a member of the National Guard of the
Stateof New York."

Assembly bill, Introductory No. 437, Printed No.
2778, entitled: ' ' " '"'

"An act to confer jurisdiction upon the Board
of claims to hear, audit anfl determine a claim of
the Oneida Nation of Indians. "

Assembly bill. Introductory No. 18:24, Printed No.
2089, entitled: :K =,.

"An act to authorize the Board of Claims to
hear, audit and determine the claims of Herkimer
County against the State for certain moneys col-
lected by the State pursuant to the Agricultural
Law and Penal Law, and to render judgment
therefor. ' '

Assembly bill, Introductory No. 2060, Printed No.
2420, entitled : , ■ , ,,.

"An act to confer jurisdiction upon the Board

of Claims to hear and determine claims for work,

labor, services and material performed and fur-

. nished to the -McDermott Contracting Company,

.barge canal contractgr.' '

Assembly bill. Introductory No. 2049, Printed No.
2409,; entitled:;

"An act to confer jurisdiction upon the Board
of Claims to hear, audit and determine tjie al-
leged claim of Michael O'Keefe against the State
of' New York for damages alleged to have been
sustained while in the employ of the State."-

• (Signed) WM. SULZER
8

226 Public Papers of; GrovEiB^OE Sulzek

Amending County Law in Relation to County Charges

State op New York ^- Executive Cha-mbeb '

Albany Mat/ 10, 1913

Memorandum filed with Senate bill, Introductory No.
1600, Printed No. 2009, entitled:

"An act to amend the county law, in relation to
county charges,"

Not Approved.

I do not consider that the premium on a bond or
undertaking given by a county officer, is a proper
county charge. These premiums should be paid by the
public officer.

J disapprove the bill.

(Signed) WM. SULZEE

Amending Banking Law in Relation to Pensioning Em'-
ployees of Savings Banks

State op New York — Executive Chamber

Albany, Mo.?/ 14, 1913 .

Memorandum filed with Senate bill, Introductory
No. 1677, Printed No. 21353, entitled i ■'

' ' An act to amend the Banking Lraw in relation
to pensioning employees of Savings Banks."

Not Approved. '

The object of this: bill is commendable. Employees
who have faithfully performed service for over thirty
years ^pr upwards, not only, in savings banks, but in

Veto Messages 227

other industrial organizations, merit the financial as-
sistance of their employers by pension or otherwise
during their old age.

The pensioning of the empiloyees of the savings
banks under the terms of the measure now before '"me,
is to be accomplished out of the depositors' inoneys.
This diversion of the property of the depositors shoiild
not be made without their consent. (It might be sug-^
gested that if there are suifficient employees in the sav-
ings banks of the State interested in establishing- a
pension fund, that the insurance laws of our State now
permit them to organize as a membership association
and by mutual contribution to accomplish the purpose
sought in this bill,i and the opportunity is open for the
officers of the savings banks wljo have received the
assistance of long years of, service of those employees,
to contribute from their own money to the support of
this pension fund.)

I deem it improper without the authorization of the
depositors, to use their money for the pensioning of the
savings banks 1 employees. •>•.. ,; :.; c'^--"i'<

I disapprove the bill. ,,j-f7 m -^> , ,;'?>[•

(Signed) WM. SULZER

Legalizing Election in Niagara Falls for the Issuance of
Bonds for Purchase of Site and Building of School

State of New York — Executive Chambeb

• Albany, Ma?/ 14, 1913

Memorandum filed witli^ Assembly bill^ Printed No.
2119, e?i]titlsd:,

''An act to legalize and confirm: a certain tax
election held in the city of Niagara Falls on the

228 Public Papers of Govkrnoe Stjlzee

twenty-fifth day of February, nineteen hundred
and thirteen,, for the purchase of a site for a school
building and the erection of a building thereon,
and the issuance of bonds of the city therefor. "

Not Approved.

This bill is unnecessary for the reason that the Gen-
eral Municipal Law now contains simple provisions for
legalizing bonds or proceedings leading up to their
issuance.

If such general law is in any way defective or not
broad enough to accomplish the result sought by this
bill, it 'should be suitably amended and' render the
necessity of special legislation unnecessary.

I, therefore, disapprove the bill.

(Signed)' WM. SULZEE

Sundry Bills Conferring Jurisdiction upon Court of
Claims to Determine Special Cases

State of New York — Executive Chamber

Albany, May 14, 1913

MEMOBAkDUM filed. Bills' specified below: "

Not Approved

The following bills conferring jurisdiction upon the
Board of Clairas to determine special cases are dis-
approved; If the JTlriSdictioii' of the Board of Claims
should be enlarged,, the law should be suitably amended
accordingly. ''Its jurisdiction should be extended by

Veto Messages '. 029

general law applicable to all throUgliout the State jind
not by special act such as the bills referred to in f avol*
of particular claimants.

The bills referred to are as follows :

Assembly bill, Introductory No. : 628, '< Printed No.
648, entitled:

"Ah act to confer jurisdictioti upon the board of
claims to hear, audit' and determine the alleged
claim of Henry McGurk against the state' of New
York, "and to' render a determination therefor. ' '

Senate bill,, Introductory No. 17i85, Printed No. 2358,
entitled :

"An act to confer jurisdiction upon the board of
claims to hear, ■ audit and determine the alleged
claims Pjf any pffi(?er or mqipb^r of the state inilitia
for counsel fees and expenses, and to render judg-
ment therefor. " '

Senate bill, Introductory No. 1292, Printed No. 1505,
entitled :

. . ' " An act to confer jurisdiction liipon the board of
claims to hear, audit and deterinine the alleged
claim of Lake Erie Dredging Company against the
state of New York and to render decision
thereon." , . ;

Assembly bill. Introductory No. ISSO, Printed No.
1505, entitled:

' ' An .act conferring jurisdiction on th^, board of
claims to hear, audit and determine claims of ferry
owners injured by the erection and maintenance
of bridges continuing state highways oyer, cr'^^ts
at or near the location of such ferries. ' '

230 Public Papbes of Goveknob Stjlzeb

Assembly bill, Introductory No. 1195, Printed No.
1294, entitled :

"An act to confer jurisdiction upon the board of
claims to hear, audit and determine the alleged
claim of Charles L. Schutrum, against the state of
New York, for damages alleged to have been sus-
tained by him on the state river road in the town
of Tonawanda, New York, on or about July fif-
teenth, nineteen hundred and twelve. ' '

(Signed) WM. SULZER

Amending Civil Code Providing for the Taking of Oaths
by Justices of the Peace

State of New Yokk — Executive Chambee

Albany, May 14, 1913

, Memoeandum filed with Assembly bill. Introductory
No. 2102, Printed No. 2483, entitled:

"An act to amend the code of civil procedure,
in relation to persons before whom oaths and affi-
davits may be taken. "

Not Appeoved

This bUl amends section 842 of the Code of Civil
Procedure, by" providing that a Justice of the Peace
may take an oath or affidavit anywhere in the county
containing the town or city in which he is authorized
to act. The effect of this bill would be to decrease the
revenues of the State now received from the appoint-
ments of notaries public.

The bill is, therefore, disapproved.

(Signed) WM. SULZER

Veto Messages 231

Providing for the Submission to the People on the First
Tuesday After the First Monday in June, 1913, of
the Question, " Shall There be a Convention to Re-
vise the Constitution and Amend the Same? " ^nd
Providing for Such Convention if a Majority of the
Electors Shall Decide that Such Convention be Held

State of New York — Executive CHambeb

Albany, May 14, 1913

Memoeandum filed with Senate bill, Introductory-
No. 1322, Printed No. 2770, entitled:

"An act to provide for submitting to the people,
the question ' Shall there be a convention to revise
the Constitution and amend the same? ', and to
provide for such convention, if the majority of
electors shall decide that such convention be
held."

Not Appboved

The next Constitutional Convention in the State of
New York will be charged with the duty of materially
changing our organic law. I am in favor of a Consti-
tutional Convention at the earliest practicable time to
lay the foundation for future constructive progress.

The Democi'atic party stands pledged to call this
Constitutional Convention before the time provided in
Article XIV, Section 2, of the present Constitution.
This pledge will be strictly fulfilled if the convention is
held in April, 1915.

The bill before me provides for a special election
on June 3d of this year, for the purpose of submitting
the question to the voters — *' Shall there be a con-
vention to revise the Constitution and amend the

232 Public Papers of Goveenok Sulzeb

same ? ' ' — and if favorable, the delegates to the con-
vention are to be elected at the general election next
November.

There exist several reasons' which in my opinion
make it iiiy duty to disapprove this bill.

In the first place insufficient time is allowed to pre-
p*^?fe for fetich special election. It is doubtful if there
is time, for the Secretary of State to notify the proper
election officers of the special election, and for the lat-
ter to give adequate notice to the voters to enable them
to comply with the provisions of the bill. A single
day is provided for amending the registers of election
which were made up nearly eight months since.

Constitutional amendments are required to be pub-
lished for three months pj-ior tO; tt^W §ubmi^sion to the
people under the Election Law, section 295. This bill
allows , of less than, one /sreek's publication of notice to
the voters, who have moved, of the necessity of having
their names properly placed on the registers, and only
one-half week's notice to all voters of the referendum
itself. ,,w ,

In view of the fact that it is extremely doubtful
whether the adequate election machinery can be pre-
pared, and the statutory notices duly published, prior
to June 3d, I deem it would be improper to entail, what
I believe to be an unnecessary expense of upwards of
one million dollars on the taxpayers to call this special
election, to decide the question.

The State Constitutional issues should be clearly
stated, and fully discussed, by the people before the
selection of their delegateis to this Constitutional Con-
vention; and for the purpose of such discussion and
consideration of these vital matters. I feel convinced
that the majority of the taxpayers agree with me that

, i ; ,, Veto Messages . 233

the time between now and the election can not be con-
sidered sufficient. "5 ■ :'-1 "l-j-."^ :^ ' .' .vi-t' ,-, i

In my judgment, it is highly! important that before
the selection of their delegates to a new OonstitTitional
Convention, the citizens clearly understand' aAd-'com-
prehend the, fnndamentg,! changes they desire their
representatives to make in the organic law of the
State. ' ' '' •

I disapprove |;he bill. ,

(Signed) WM. SULZEE

Amending the Charter of the Village of Medina

State op New York — ■ Executive Chambee

Albany, Ma?/ 14, 1913

Memoeandxjm filed with Assembly bill. Introductory
No. 2207, Printed No. 2664, entitled : . 'A

" An act tQ,amejid the, ch^-i^tej, of the village of
Medina." ; , ..\ , ; . • ,

Not Appboved ' i ' ' '"■

The effect of signing this bUI would permit a special
election in the village of Medina thirty days biefore the
time prescribed by the v illage Law.
. Tie re is ajbsplutely no suph pressing necessity as
would require the enactmeijit o.f such specif,! legislation
of this character.
I disapprove the bill.

(Signed) WM. SULZEE

234 Public Papers of Goveenob Sulzee

To Release to the Successors of Interest of Alonzo E.
DeBaum Title and Interest to Lease Acquired by
Escheat or Otherwise, upon the Death of Ferdinand
A. L. Ernest

State op New Yoek — Executive Chambee

Albany, May 14, 1913

Memorandum on Assembly bill, Introductory No.
2118, Printed No. 2522, entitled :

"An act to release to the successors of interest
of Alonzo E. DeBaum in Lot 57, Block 81 on the
Assessment Map of the 24th ward of the former
city of Brooklyn, according to the respective inter-
ests and not as tenants in common as such suc-
cessors, of all the title and interest of the People
of the State of New York, of, in and to said lease
acquired by escheat, or otherwise, upon the death
of Ferdinand A. L. Ernst."

Not Approved

The general law now provides for a release by the
Commissioners of the Land Office of lands which have
escheated to the State.

This bill is, therefore, special legislation and, un-
necessary.

if the general law is not broad enough to cover the
subject matter of this bill it should be suitably
amended so as to apply to all cases similarly situated.

I, therefore, disapprove the bill.

(Signed) WM. SULZER

Veto Messages 235

To Incorporate the New York State College of
Dentistry

State of New York — Executive Chambeb

Albany, May 14, 1913

Memoeandum filed with Senate bill. Printed No.
1925, entitled:

"An act to ameind chapter two hundred and
sixty-four pf the laws of eighteen hundred and
sixty-five entitled, 'An act to incorporate the New
York College of Dentistry,' in relation to the
amount of real and personal estate to be held and
possessed by said New York College of Den-
tistry. ' '

Not Approved

The General Corporation Law, section 12, provides
if any general or special law heretofore passed, or any
certificate of incorporation shall limit the amount of
property, a corporation other than a stock corporation
may take or hold, such corporation may take and hold
property of the value of $10,000,000 or less, or the
yearly income derived from which shall be $1,000,000
more or less, notwithstanding such limitations.

In view of the provision above, this bill seems un-
necessary.

I, therefore, disapprove of the bill.

(Signed) ^M, SULZER

236 Public Papbbs ofi Govbrnoe iSulzeb

Amending the Education Law Relative to Contracts for
the Instruction of Pupils

State op New York — ExeotjtivB Chamber

Albany, May 14, 1913

Memorandum filed with Assembly bill. Introductory
No. 240, Printed No. 243, entitled:

" An act to amend the Education Law, relative
,. to contracts for the instruction of pupils."

Not' ApipBiovED '

; After careful examination,, the State Department of
Educatipn advises that no complaints, have been made
of lack of facilities that would require any special
legislation of this character. ,

The State Department of Education, at the present
time has full power and authority, if complaint were
made to provide adequate facilities for the particular
school children concerned in this measure.

I deem the bill unnecessary.

(Signed) WM. SULZER

Amending the Education Law Relative to Publication of
Notice of Meetings in Union Free School Districts

State or New York — Executive Chamber

Albany, May 14, 1913

Memorandum filed with Senate bill, Introductory
No. 1681, Printed No. 2050, entitled:

Veto Messages 237

■'An act to amend the Education Law, relative
to publication of notice of annual meetings in
Union Free School districts."

Not Appbovbd , , ., ,

This bill changes one word, to wit: " for " to
" within."' The law now reads that the notice of the
annual meeting must be given once each week for the
four weeks immediately preceding the date fixed by
law for such meeting. ' ; ' "

This is changed to read " That the notice of the
annual meeting shall be given once each week wiihin
the four weeks preceding the date set by law. " '

The (Evident intention was that as the law now reads
there should be four publications of the notice and
that by changing " for " to " within " it might be
necessary to have' only three publications. "

The present law concerning the publication of such
notice has been in existence for over fifty years, has
worked satisfactorily and there exists no necessity for
this proposed change.

I deem this bill unnecessary.

' - ' '; (Signed) WM. SULZEE

Regulating the Use of Street Surface Railroad Tracks
upon the Bowery in New York City

State of New York — • Executive Chamber

Albany, May 14, 1913

Memorandum filed with Assembly bill. Introductory
No. 564, Printed No. 2476, entitled :

"An act to regulate the use of street surface
railroad tracks upon the Bowery in the city of

238 Public Papbbs of; Goyebnok Sulzee

New York, Borough of Manhattan, for the greater
i safety of the citizens of such city. " > '

Not Appeoved

This bill contains an objectionable feature as fol-
lows: ,>: ■ :ni:.:', I

Any such corporation is hereby autjiorized to issue
its stock, bonds, notes or other evidences of indebted-
ness, sufficient to cover the complete cost of the
changes in its plant and equipment, made necessary
by the provisions of this act.

Here specific legislative authority is given to the
corporation that may be effected by the terms of this
bill to issue stock or other securities, sufficient to cover
the complete cost of the changes in its plant and equip-
ment. : f

I deem this provision wholly unnecessary, for the
reason that, under the Public Service Law, a railroad
corporation such as the corporation affected, is re-
quired to secure the approval, of \ the Public Service
Commission before the issuance of securities covering
all proper capital charges.

Permitting such corporation to issue these securities
for this particular purpose without scrutiny or ap-
proval by the Public Service Commission would give it
power and authority to issue such securities in an
amount and upon tet"ms determined entirely by itself,
which I deem improper and inadvisable.

This bill is disapproved.

(Signed) WM. SULZEE

Veto Messages 239

Amending Charter of the Village of Waterford

State of New Yobk — Executive Chambeb

Albany,. Mo?/ 14, 1913

Memobandum filed with Senate bill, Introductory
No. 1135, Printed No. 2221, entitled:

"An act to amend chapter two hundred and
forty-three , of the laws of eighteen hundred and
fifty-nine,, entitled, 'An act to aniend the charter
, a,jid. .sever9.1 acts relating to the village of Water-
ford, and to incorporate the same into one act,'
generally. ' '

Not Approved

This is an act generally' revising the special charter
of the village of Waterford, which charter was origin-
ally granted in 1794: ■'

There . are . remaining in this State, comparatively
few villages operating under special charters and these
few are continually ' seeking ' Various amendments, at
the hands of the Legislature, to their respective special
charters, which clearly demonstrates that their chart-
ers are not' adequately adapted to carry on their pres-
ent administrations. ' -, , , if

To prevent such Legislature amending special chart-
ers of villages, the Legislature some years since passed
a general uniform village law. This village law was
carefully drawn and is a broad and elastic statute and,
although it has been in operation,, and ^nder it the ad-
ministration of the majority of the villages in this
State have been conducted for several years, actual
experience has demonstrated that the uniform Village
Law has required remarkably few amendments. An

240 Public Papers of GovEBOsroK Sulzee

easy and simple method is prescribed in the uniform
Village Law,' ' by which a tillage operating under a
special charter, can take advantage of the provisions
of the uniform law. I consider that all the purposes
now desired by the village of Waterford, through the
special amendments through this special billj modify-
ing a special charter, are fully and amply covered and
can be secured by this particular village taking the
proper proceedings to bring itself withia and under
the provisions of the uniform Village Law.
I disapprove the bill.

(Signed) WM. STJLZEE

Amending the Education Law Extending to Rural Com-
munities Facilities for High School Education

State op New Yoek — ExECUirvE Chambeb

Albany, Ma«/ 14, 1913

Mbmoeandum filed with Senate bill, Introductory
No. 709,,. Printed No. 21297, entitled :

"An act to amend the Education Law, by pro-
viding for the extension to rural communities of
the facilities for High School education, including
agriculture." ■

Not Appeoved,

The present Education Law provides for the forma-
tion of school districts or for the alteration of them.
Initiative in such direction shall be taken, in the first
instance, by the local authorities, and if improper,
relief by appeal is given from such action to the Com-
missioner of Education.

Veto Messages 241

No school districts can be formed, under the present
law, withdut a vote by the people to lay out such dis-
tricts.

This bill radically changes the present law and eon-
fers upon the Commissioner oif Education authority
to go anywhere! in the State and lay out what is known
as a consolidated high school district without any vote
of the people upon such question.

I oonsidier it inadvisable legislation to confer this
arbitrary power upon the Statfe Commissioner of Edu-
cation, irrespective of the wishes of the local com-
munity as evidenced by a vote of the people.

I disapprove the bill.

(Sighed) WM. SULZER

To Abolish Horse Cars within Cities of the First Class

State of New Yokk — Executive Chambee

Albany, May 14, 1913

Memorandum filed with Assembly bill, Introductory
No. 1694, Senate Eeprint No. 2473, entitled :

"An act fpr the abolition of oars commonly
Iknown as horse cars within cities of the first
class." '

Not Appeoved

This bill makes it unlawful to operate horse cars in
cities of the first class under penalty of a misdemeanor
after January 1, 1914.

It further authorizes the corporation operating such
cars to issue securities to include the complete cost of
new oars and other changes in plant and equipment,

242 Public Papers of Goveknok Stjlzeb

free of all scrutiny and proper limitations and restric-
tions with wMcli^ they might be surrounded by re'gula-
tions of the Public Service Commission as now pro-
vided in the Public Service Law.

Further, the bill itself is not properly printed : The
words " subject to the. provisions of thei Public: Serv-
ice 'Commissioner Law," in lines 5 aild 6 on page 1 of
the bill should be an amendment to; the first part of
the following sentence, and then th«.law WQuld h^ve
been clear that; the issuance of the securities , would
have been controlled by the provisions of .the Public
Service Commissions Law. ; ,:

As now printed the bill is so worded that thpre; is
grave danger that sucji company may issue securities
in amounts determinable by itself and in amounts and
on terms fixed and determined by itself.

The bill is disapproved.

,.-.., (Signed) WM^.SPLZER,

To Incorporate the City of Batavia

State of New York — - Exbctjtive Chamber

Albany, May 14, 1913

Memorandum filed with Assembly bUl, Introductory
No. 90S, Printed No. 2744, entitled :

"An act to incorporate the city of Batavia."

Not Approved ,

While this bill contains manyi commendable • provi-
sions, I am convinced from the arguments made upon
the public hearing given by me upoii this bill,' that a
considerable number of the. representative citizens of

Veto Messages 243

Batavia have serious objection to many of the import-
ant provisions of this measure. It is impossible for
the Executive to preserve the good features and veto
the bad, and I believe that a charter preserving, all
the good features of this act which would meet with
the general approval of the majority of all citizens
of Batavia," can be prepared upon a conference of all
the citizens interested, and for the purpose of permit-
ting an opportunity for framing a comprehensive, fair,
adequate and practicable city charter for Batavia, I
believe the local interests will be best promoted by my
disapproval of this present proposed charter.
I disapprove the bill.

' • = - n . (Signed) WM. SULZER

To Amend Tax Law to Refund Taxes on Transfers of

(K.ilel j.ijot Stocks

" ' '' State of ' NeW York — Executive Chambek

Albany, May 14, 1&13

Memoeandum filed with Senate bill," Introductory
No. 664, Printed No. 719, entitled :
i» "An act to amend/ithe tax law in relation to
'^oo refund of taxes on transfers i of stock."

Not Approved • , .

■i l-fi>

This bill, if approved, would improperly burden the
State to the extent of at least over a half a million
dollars, t'^. <\\ nn, -no- «•■ ;?, <>,'>

Section 280 of the Tax Law has been several times
amended: to permit the filing of claims relating to the
refund of taxes on transfers of stock, and in my judg-
ment the time prescribed in section 280, as amended,

244 Public Papbes op GtOveknob Sulzee

should not be extended and further opportunity af-
forded for the rehearing of claims.

The passage of such a law would furthermore neces-
sitate the appropriation of a sum sufficient to meet
such claims.

I disapprove the bill.

(.Signed) WM. SULZER

To Amend the Railroad Law in Relation to the Convey-
ance of Railroads and Their Franchises

State op Npw Yoek;— ^Executive Chambee

Albany, May 14, 1913

Memoeandum filed with Assembly bill, Introductory
No. 1129, Printed No. Senate 2396, entitled:

"An act to amend the railroad law in relation
to the conveyance of railroads and their fran-
chises. ' '

Not Approved

The purpose expressed in this bill of protecting the
minority or dissenting stockholders, by requiring that
if a road sold to a parent company, that their stock
should be appraised as provided by section 17 of the
Stock Corporations Law, is worthy of approval.

The difficulty with this bill is in the sentence, " The
franchises, rights, powers and duties of the grantee
company as a railroad corporation of this State shallj
after such conveyance be extended so as to include
and shall be exercised and observed, in relation to the
railroad, or part thereof so acquired."

The sentence in this bill preceding the one just

Veto Messages 245

quoted vests the francHses and rights of the grantor
corporation in the grantee corporation.

"We are familiar with mergers and consolidations,
but it can not be deemed good policy to allow a num-
ber of other corporations having unlimited franchises
to acquire the physical property of other corporations,
or to be absorbed by other corporations, ' ' with the
franchises pertaining thereto, " over which .by the aid
of; this act, such unlimited franchises will automati-
cally extend. s.[

It is -impossible to tell how many eases this will
affect. The policy of the. city of iNew York, as ex-
pressed in, its charter, „ is to grant franchises for
twenty-five years. Under the terms of the sentence
above objected to, a road owning one of the old-time
perpetual franchises could absorb any of these tweiity-
five-year franchises and automatically extend these
perpetual franchises over them. <; <•'• "■

As it is impossible for the Executive to approve the
commendable provisions of this bill separate and apart
from this bad feature,, it is my duty under the cir-
cumstances to disapprove the bill.

I disapprove the bill.

(Signed) WM. SULZER

Sundry City Bills the Purposes of Which Can Be Accom-
plished under the Provisions of the Home Rule for
Cities

StaI'e' of New York - — ExECtiTivE Chamber

Albany, May 14, 1913

The following bills have not been approved for the
reason that the purposes of the measures can be ac-

246 Public Papers of Gtovbrnor Sulzee

complished under the provisions of the Home Eule
Law for Cities, which was approved by me, April 10,
1913, and became chapter 247 of the Laws of 1913.

These bills are as follows :

Assembly bill. Introductory No. 1344, Printed No.
1459, entitled :

"An act to amend chapter three hundred of
the laws of nineteen hundred and four, entitled
'An act to revise and consolidate the several acts
relative to the city of Niagara Falls,' as amended
by providing for greater duties and powers of the
board of grade crossing commissioners of said
city."

Senat^ bill. Introductory No. 888, Printed No. 1737,
entitled :

"An act to amend chapter three hundred of
the laws of nineteen hundred and four, entitled
'An act to revise and consolidate the several acts
relative to the city of Ni^ara Falls, ' ' relative to
the lighting of streets and the providing of im-
proved systems of street lighting. ' '

Assembly bill. Introductory No. 478, Printed No.
770 (Senate Reprint 2037), entitled:

"An act to supplement the provisions of law re-
lating to the Department of Public "Works pf the
city of Syracuse. "

Assembly bill. Introductory No. 558, Printed No.
572 (Senate Reprint No. 2271), entitled:

"An act to provide a recreation pier and casino
on Buffalo park property for the people of the
city of Buffalo."

Veto Messages 247

. Senate bill, Introductory No. 1682, Printed No. 2130,
entitled:

"An act to authorize the city of Ogdensburg to
borrow the sum of fifty-six thousand dollars Tor
local improvements and to issue its bonds there-
for, and to provide for the payment of the in-
terest and principal of said bonds. ' '

Senate bill. Introductory No. 295, Printed No. 302,
entitled :

"An act to amend chapter seven hundred and
sixty of the laws of eighteen hundred and ninety-
seven, as amended, entitled 'An act to revise the
charter of the city of Watertown.' "

Senate bill, Introductory No. 1614, Printed No. 2025,
entitled :

"An act tp further amend chapter one hundred
and five of the laws of eighteen hundred and
ninety-one, entitled 'An act to revise the charter
of the city of Buffalo, ' as amended by chapter
three hundred and eighty-four of the laws of nine-
teen hundred and nine, in regard to the remedy
for purchasers of land within the city at city and
county tax sales."

Assembly bill, Introductory No. 1803, Printed No.
2068, entitled :

"An act to provide for the valuation of all real
estate in the city of New Eochelle on one common
general principle. ' '

Assembly bill, Introductory No. 1941, Printed No.
2244, entitled:

"An act to amend chapter two hundred and
eighty of the laws of nineteen hundred and twelve,
entitled 'An act to authorize the city of Buffalo

248 Public Papers oy Goveenok Sulzee

to issue its, bonds for the purpose of raising money
to construct, extend and regulate its sj&tesm of
waterworks, and to reimburse the newconstruc-
tiop, account, bureau of water,. for disbursements
ipade, for district mains, valves, hydrants, meters
and tools, since the thirtieth day of June, nine-
teen hundred and seven,' providing for bond
issues for such purposes from year to year, and
relating to the rate of interest and place of pay-
ment."

Assembly bill. Introductory No. ISOS, Printed No.
1413, entitled:

"An act transferring Hopkins stree:t in the city
of Buffalo from the jurisdiction and control of
-the common: council to the jurisdiction and con-
trol of the park commissioners of said city. ' '

Assembly bill. Introductory No. 1001, Planted No.
1942, .entitled: - :

"An act to amend chapter five hundred and
ninety- three .of the law's of nineteen hundred and
five, entitled 'An apt tb revise the charter of the
city of Johnstown,' in relation to the police de-
partment and city officers."

(Signed) WM. SULZER

Amending the Insurance Law to Secure Compensation
to Workmen Injured While Enif>Ioyed and Repealing
Certain Sections of Labor Law

State of New York — ExEctri'rvB Chamber

Albany, May 15, 1913

.Mbmobandtjm filed with . Senati? bill, Introductory
^p, 1064, Printe(^tNo. 2430, entitled: • ,

Veto Messages 249

'^An act to amend the Insurance Law, in rela-
tion to securing compensation to workmen injured
in the course of their employment and repealing
certain sections of the 'Labor Law relating
thereto."

Not Approved

The common law rule that the individual employer
was responsible for injuries only where he was per-
sonally at fault has. been generally discarded by en-
lightened States as unsuitable to miodern industrial
condition^. .. . .,, ,, ,,, ■,_, . ,;.

In European countries, and in many ;of our States,
workmen's compensation laws have been passed for
the purpose of relieving injured workmen, and their
families, from the inevitable distress following upon
accident with its lattendant stoppage qf wage income.

iThese laws usually cover all accidents including
those for which employers cannot legally be heldiliable,
and they, further seek to eliminate, or reduce, to the
lowest possible minimum the cost and- waste of litiga-
tion prevalent under the present system.

'The Empire State has been slow in promoting these
admittedly necessary protective measures of . assist-
ance to our industrial workers.. This needed reform
in our state industrial system is in the interest of
both the employer and the workmen and is not a politi-
cal question but wholly an economic proposition.

Eecognizing the justice and merits of the question,
the Democratic party, at its last State convention, held
in Syracuse, in October, 1912, pledged itself, by pro-
viding in its platform :

' ' Time has clearly shown that the practice un-
der the old concept of employers ' liability for in-
jury to employees is insufficient and ineffective

250 Public Papeks of Govebkoe Sulzeb

to do justice to injured workers, and their de-
pendents. We, therefore, pledge the Democratic
party of the State of New York to the enactment
of a comprehensive and just workman's compensa-
tion law, by which the industry under State super-
vision shall bear the financial burden of the in-
dustrial risks to the life and limb of the workers.
To promote such legislation the Legislature of
nineteen hundred and t^pelve, has already passed
a proposed amendment to the State Constitution,
and we pledge ourselves to pass agdin this pro-
posed amendment in the next session of the
Legislature. ' '

In my first message to the Legislature I said con-
cerning Workman's Compensation Laws:

" Many of our States have enacted workmen's
compensation or insurance laws. The production
of our wealth in a large measure is a tribute to
the ability and the efficiency of the workers. It is
only just then that thoSe who do the work should
receive an equitable share of that which they have
helped to produce. No compensation is fair which
does not secure to each worker at least enough
to permit him, or her, decent standards of life.
The workers themselves have not always been able
to secure such compensation for themselves. Par-
ticularly has this been true of women and children
in whom the State should take an especial in-
terest. To secure for these less accustomed to
the competitive struggle, protection that other
workers have won for themselves through organi-
zation, we should carefully consider the establish-
ment of wage boards with authority to fix a living
wage for conditions of work below which stand-

. Veto Messages 251

ards no industry should be allowed to continue its
operations. Massachusetts has enacted such a
law. Ohio recently adopted a constitutional
amendment authorizing the State Legislature to
do the same."

From the outset the bill now before me met with
serious opposition from those who are most vitally
interested in securing the benefits designed to accrue
from Icfgislation of this character. This measure I
am adyised, is opposed by the State Federation of
Labor, and the American Association of Labor Legis-
lation, and other true friends of these necessary rem-
edial reforms.

I have given much thought to the subject. I know
what the party platform pledged and the manner of
performance expected of that party pledge. To my
mind, a workmen's compensation law which fails to
inspire the confidence of the industrial toilers for
whom.it.i^ enacted and which meets with their vigorous
and emphatic protest, cannot be said to be an adequate
performance of such pledge.

I feel convinced that the objections urged against
this bill are serious and substantial, and among them
may he mentioned, that the bill does not eliminate, or
reduce, to the lowest possible minimum the waste of
litigation which is the crying evil under the present
system.

I am aware of the present constitutional limitation
in this. State,. necessitating an optibnal acceptance of
the provisions of any workmen's compensation act,
but I believe that it is feasible and practicable, as
demonstrated by the experience of other States to pro-
"^de in a proper and comprehensive workmen's com-
pensation law, among others, a plan for a State insur-
ance fund, contributed to by those affected and man-

252 Public Papbks op Govebnoe Sxjlzee

aged and regulated by the State - through which em-
ployers, so minded, might insure their workmen
against accidents. Such a plan will provide automatic
compensation, and do away with the unnecessary waste
of litigation now so prevalent. .,,

The party platform pledges nothing less than the
enactment of a comprehensive, equitable and practica-
ble workmen's compensation law. That promise
should be faithfully and strictly performed. I believe
that a measure other than the one now before me, can
be prepared, and enacted next year, which wUl retain
the good features of this measure^' ' and obviate all
objections, and to the end that such an equitlable law
may be enacted, I deem it my duty, in the interest of
all concerned, to disapprove this bill.

(Signed) WM. SULZBR

Special City Bills Not Accepted by the Mayors of the
Cities to Which They Relate ■

State 0¥ New York, — ExECTJirvE Chamber

Albany, May 15, 1913

, , .Mem,okan.dxjm filed with bills specified below :

Not Appeoveb.

The following bills have not been approved, for the
reason that they are special city biUs and were not
apcepted by all the cities in question, in accordance,
with the Constitution:

Senate bill No. 1291, entitled ™~'

' ' An act authorizing the supreme court of the
first department to entertain proceedings to re-

Veto Messages 253

view the , determination of the board ^pf educa-
tion pf the city of New York, relative to the re-
moval of Augusta Frank as a teacher in the public
schools of the city of New York."

Senate bill No. 2296, entitled

"An act to. amend the Greater New York
charter, in relation to the police department."

Senate bill No. 22W, entitled

"An act to amend chapter seven hundred and
fifty-one of the laws of nineteen hundred and
seven, entitled 'An act to revise the charter of the
city of Binghamton, ' in relation to commissioners
of education."

Assembly bill No. 1812, Senate reprint No. 2035,
entitled

"An act to amend the Greater New York
charter, in relation to eligibility of persons for
employment in and about the jails of Queens
county."

Assembly bill No. 2170, entitled

"An act to amend the civil service law, in re-
lation to the classified service in certain cities."

Assembly bill No. 1002, entitled

"An act to amend the Grestter New York
charter, in relation to an additional municipal
court justice for the borough of Brooklyn."

Assembly bill No. 1587, entitled

"An act to amend the Greater New York
charter, in relation to creating a new district for
the municipal court for the borough of Brooklyn,

254 Public Papers of Gtoverkoe Sulzeb

ehahging the boundary lines of existing districts
and providing for the election of one additional
justice therefrom. "

Assembly bill N^o. 2504, entitlecJ

"An act to amend the Greater New York
charter, in relation to the fixing of salaries of em-
ployees of the board of i education. "

Assembly bill No. 2560, entitled , ; ; j i >.

"An act to provide for promoting .the health
and efficiency of ;firemen in; thf? city of, Yonkers. ' '

Senate bill No. 2019, entitled '

"An act to amend the Greater New York
charter, in relation to the uniformed force of the
fire department." : - .:■-.. . . li; ;

Senate bill No. 2397, entitled ''"'' ''

"An act to amend the Greater New York
charter, in relation to qualifications of persons
engaged by the president of a borough, to aid him
in the discharge of certain duties."

Senate bill No. 2143, entitled' " ' "'' ' ' '

"Aji act to authorize and direct the boai^d of
assessors of the' city of New York to remit and
allow the damages sustained by owners of real
property, fronting upon First avenue between One
Hundred a,nd T>srenty7fifth .street and the Harlem
river and upon Willis avenue between .Southern
boulevard and One Hundred and Thirty-fourth
street, and by reason of the coiistruction and
maintenance of the: steel viaduct and approaches
to the Willis avenue bridge: over the Harlem river
in the city of New York. " !

Veto '.MonssAGEs 255

Senate: bill; No. 1, entitled

"An act to amend the Greater New York
charter, relating to the- telegraph service of a
fire . department. ' '

Senate bill No. 2492, entitled

' "An act to amend the Greater New York
charter, in relation to the powers of local authori-
ties-of the city of New York in regard to the police
department."

Senate bill No. 2579, entitled

"An act to amend the inferior criminal courts
act of the city of New York, in relation to the re-
moval of probation officers."

Assembly bill No. '932, entitled ■- <

"An act to amend the Greater New York
charter, in relation to the board of aldermen."

Assembly bill No. 910, entitled

"An act to amend the Greater New York
charter, in relation to the telegraph service of
the fire department."

Assembly billNo. 623, entitled ,; .-

"An act to amend the Greater New York
charter, in relation to assistant fire marshals."

Assembly biir No. 116, entitled

"An act to amend the Greater New York
charter, in relation tq the transfer of water meters
arid repairs thereto in the city of New York. ' '

i, Assembly bill No. 2720, entitled

"An act to amend the Greater New York
charter, in relation to the accounts and rank of

256 Public Papers of Goveenoe Sxtlzbe

officials who may share in the relief fund of the
rfire department of the city of New. York."

Assembly bill No. 2461, entitled

"An act to amend chapter seven hundred and
one of the laws of nineteen hundred and four,
entitled 'An act relating to appointment of em-
ployees of the fire department of the city of New
York i to the uniformed force of the , city depart-
ment,' in relation to additional appointments to
such uniformed force. ' '

(Signed) WM. SULZEE

Amending the Civil Code in Relation to Costs in Justices

Court

State OP New York — Executive Chambeb

Albany, May 15, 1913

Memorandum filed with Assembly bill, Introductory
No. 1211, Printed No. isioj entitled

"An act to amend the code of civU procedure, in
relation to costs in' justices court."

Not Appboved

This bill amends the Qode of Civil/Procedure by in-
serting therein a new section which relates to costs in
Justice's Courts.

This bill is objectionable for the reason that it in-
creases the price of litigation in Justices Court, which
is and should be the poor man's court, for a quick and
speedy determination, without heavy expense of mat-
ters over which the court has jurisdiction ; and instead

Veto Messages 257

of increasing tlie expenses in this court the greatest
effort should be made to keep expenses at as low a
minimum as possible.

The jpolioy of the bill I believe to be; agaijist the
tendency of the times and I therefore disapprove it.

(Signed) WM. SULZER

Authorizing tlie Adjutant^Qeneral to Pay and Settle
Claim, of Frederic S. Greene, , a Former Member of
the National Guard, Injured in Service

State of New York — Executive Chambee

Albany, May 15, 1913

Memokan&tjm filed with Senate bill, Introductory
No. 1628, Printed No. 2053, entitled,

* ' An act authorizing the adjutant general of the
state of New York to pay and settle the claim
■against the state • of New York by Frederic S.
Greene, formerly a captain in the Twenty-third
regiment infantry, national guard, New York, on
account of injuries received in military service
of the state of New York. ' '

Not Approved

I am informed that the Military Law, as it existed
at the time when the injury received by Captain Fred-
eric S. Greene occurred, provided that a claim should
be filed within ninety days. It is claimed that Greene
was unable, owing to his disabled condition to present
a claim within such time and therefore, the claim is
barred by limitation.

If the purpose of this bill is good the statute should
9

258 Public Papees of Gove&noe Sulzeb

be suitably amended so that it should apply to all per-
sons who might be similarly situated at the prestent
time, or to meet future cases and not by the passage
of a special bill such as the one under consideration.
I disapprove the bill.

(Signed) WM. SULZEE

To Make Office of County Clerk of Cayuga County a
Salaried Office and in Relation to Money Allowed
for Expenses in Connection with Recording Taxes
on Mortgages

State op New Yoek — Executive Chambek

Albany, May 15, 1913

Memoeandum filed with Assembly bill, Introductory
No. 1730, Printed No. 195(7 (Senate reprint 2233), en-
titled

" An act to amend chapter ninety-three of the
laws of nineteen hundred and six entitled ' An act
to make the office of the county clerk of Cayuga
county a salaried office and regulating the manage-
ment of such office, ' in relation to moneys allowed
for expenses in connection with recording taxes
on mortgages."

Not Appeoved

The County Law, section 12, subdivision 5, now con-
fers authority upon the board of supervisors to fix
the salary of every county official, or employee,, ex-
cept judicial officers and also to fix the number and
compensation of all clerks in county offices.

The provisio-n of this bill which permits the county

Veto Messages 259

clerk to receive a reasonable sum to be approved by
the State Board of Tax Commissioners for services
performed by him in connection with the collection of
the recording tax on mortgages in addition to his sal-
ary, is, in my judgment, in conflict with the provision
of the general law above mentioned and inconsistent
therewith.

I, therefore, disapprove the bill.

(Signed) WM. SULZER

To Amend the Agricultural Law Compensating Owners
for Animals Destroyed

State of New York — Executive Chambek

Albany, May 15, 1913

Memora-Ndum filed with Senate bill, Introductory
No. 403, Printed No. 1672, entitled

" An act to amend the agricultural law, in re-
lation to compensation to owners of animals
destroyed."

Not Appboved

The amendipaent made by this bill to the existing
law provides that the owners of animals which have
been condemned and slaughtered shall be entitled to
interest on the amount due from and after thirty days
frpna the date of such slaughter.

This proposed amendment is objectionable for the
reason that it necessarily increases the State expend-
itures. At the present time the State is making large
payments each year for animals which are diseased
and have been condemned.

260 Public Papeks op Goveknok Sulzeb

Itr was suggested by the Committee of Inquiry that
the amount now paid by the State for animals con-
demned and slaughtered by reason of their being af-
fected with disease should be reduced very materially
upon the ground that by reason of a diseased condi-
tion the State was paying a price away beyond the
value of the animal which, as they state had no value
on account of the disease.

The Commissioner of Agriculture also recommended
that the amount now paid by the State for condemned,
diseased animals should be reduced and if these recom-
mendations are to be followed, this bill is in conflict
with such views, for instead of accomplishing a re-
duction it adds to the very heavy expenditure which
is now being made by the State yearly.

I, therefore, disapprove the bill.

(Signed) WM. SULZER

Amending the Qounty Law to Reimburse Persons Suf=
fering Loss from Deposit of Funds Incurred Pur-
suant to Court Orders

State of New Yokk — Executive Chamber

Albany, May 15, 1913

Memoeandum filed with Senate bill. Introductory
No. 1751, Printed No. 2282, entitled

"An act to amend the county law, in relation
to reimbursement of persons suffering loss from
deposit of funds incurred pursuant to court
orders."

Not Appeoved.

Veto Messages 261

This bill provides that where losses shall have
occurred on deficiencies prior to April 28, 1908, from
investments made by county treasurers of any county,
or by the chamberlain of the city of New York, of
moneys deposited in court pursuant to orders, judg-
ments or decrees of courts of record, the city of New
York or the county,, as the case may be, must reim-
burse the person or persons whose moneys so de-
posited were depleted upon service of the court order
obtained according to the procedure provided in the
bill, the amount of the reimbursing to be specified in
the order.

The bill is objectionable for the reason tha>t it is
special legislation. If the counties should be made
liable for the reimbursement of these funds, there
should be no limitation as to the time when such de-
pletion occurred or from which the reckoning is to be
made but it should be general and applicable to every
case.

I disapprove the biU.

(Signed) WM. SULZER

Amending the Penal Law in Relation to Destruction of
Giandered, Injured or Diseased Animals

State of New York — Executive Chambee

Albany, May 15, 1913

Memorandum filed with the Assembly bill. Introduc-
tory No. 078, Printed No. 1799, entitled

"An act to amiend the penal law, in relation to
destruction of giandered; injured or diseased
animals. "

Not Approved.

262 Public Papbes of Govebnob Stjlzee

This bill amends the existing law in such a way as
to give the American Society for the Prevention of
Cruelty to Animals, the power to destroy animals in-
jured or diseased past recovery.

Under the law as it now stands the officers of the
society have this power only in cases where the animal
has been abandoned or not properly cared for.

The power to destroy glandered animals now rests
with the Department of Agriciilture, which maintains
a competent staff of veterinarians and inspectors ; and
the Agricultural Law also provides for proper com-
pensation to the owners of such animals.

I am of the opinion that it is inadvisable to have
authorities working along the same lines to accomplish
this purpose. It would lead to a division of respon-
sibility and conflicts which should be avoided.

I,^ therefore, disapprove the bill.

(Signed) WM. SULZER

Amending the Executive Law in Relation to Counsel,
Examiners, Auditors and Assistants in the Office o'f
the State Comptroller

State of New Yobk — Executfte Chambee

Ajlbany, May 15, 1913

Memoeandum filed with Senate bill, Introductory
No. 784, Printed No. 860, entitled

' ' An act to amend the executive law, in rela-
tion to counsel, examiners, auditors and assistants
in the office of- the comptroller. ' '

Not Appeoved

Veto Messages 263

I am convinced, after careful (X)n&ideration of the
facts brought to my knowledge, that this bill is un-
necessary.

The State Comptroller is vested, at the present time,
with full power and authority to secure sufficient as-
sistants for carrying out all proper duties he is re-
quired to perform, according to law, and the indefinite
number of additional appointments which this bill
would permit, does not meet with my approval.

I disapprove the bill.

(Signed) WM. SULZER

Authorizing the Adjutant^General to Hear and Deter-
mine Application of Margaret Mollen, Mother of
Charles Mollen, a National Guardsman, and to Place
Her upon the Roll of Invalid Pensioners

State op New Yoek — Executive Chambeb

Albany, May 15, 1913

Memorandum filed with Senate bill, Introductory
No. 1548, Printed No. 1912, entitled

" An act to authorize the adjutant-general of
the state to hear and determine the application of
Margaret Mollen, the mother of Charles Mollen,
a national guardsman, who died from injuries
received while on duty as such, to be placed upon
the roll of invalid {)ensioners of this state and to
place her upon such roll."

Not Appeoved

However commendable the purposes of this bill may
be, I am of the opinion that the General Law should

264 Public Papees of Gtovebnob Stjlzeb

be amended so as to cover the case of every person
who may be similarly situated,, and that special acts,
such as the one now under consideration should not
be necessary to meet individual cases.
I, therefore, disapprove the bill.

(Signed) WM. SULZER

Amending the Railroad Law Establishing Stations and
the Stopping of Trains Thereat

State of New Yokk — Executive Chambee

Albany, May 15, 1913

MEMOEANiitrM filed with Assembly bill, Introductory
No. 71, Printed No. 2495, entitled

' ' An act to amentj the railroad law, in relation
to the establishment of stations and the stopping
of trains thereat. ' '

Not Appeoved

This bill inserts in the Railroad Law, a new section
the purpose of which is to require the establishment
of railroad stations on steam railroads in the borough
of the Bronx, city of New York, and the stopping at
such stations of all trains which pass through such
borough on said railroads.

The bill is absolutely unnecessary for the reason
that the Public Service Commission Law confers
power upon the Public Service Commission, after an
examination and investigation, .to regulate the matter
of stations and the stopping of trains thereat.

I disapprove the bill.

(Signed) "WM. SULZER

Veto Messages 266

Creating the Office of Commissioners of Jurors in Certain

Counties

State of New York — Executive CfnAMBER

Albany, May 16, 1913

Memorandum filed with Assembly bill. Introductory
No. 254, Printed No. 2668, entitled

, " An act creating the office of commissioners of
jurors for certain counties in the state of New
York having a population of more than one hun-
dred and fifty thousand and less than six hundred
thousand. ' '

Not Approved

Most of the counties affected by this bill were repre-
sented at the public hearing I gave o'n the measure
and urged serious objections to its enactment. After
careful consideration, I am of the opinion, that I
should withhold my approval of this bilL

.1 feel convinced, however, th.^t conditions exist ii;i
certain counties of this State which require a change
in the method of selection of grand and petit jurors,
and were this bill of such form that it would affeiot
only such counties, or all counties generally,, and eradi-
cate conditions which should not be permitted to longer
continue, I would be glaii to approve it.

This bill is disapproved.

(Signed) WM. SULZEE

266 Public Papers or Govebnoe Sulzee

Providing for the Election of a Deputy Receiver of Taxes
and Assessments in the Town of Rye and Village
of Portchester

State of New Yoek — Executive Chambeb

Albany, May 16, 1913

Memokandum filed with Senate bill, Introductory
No. 15177, Printed No. 1974, entitled

' ' An act to amend chapter eighty of the laws
of eighteen hundred and seventy-one, entitled 'An
act for the election of a receiver of taxes and as-
sessments for the town of Rye and village of Port-
chester,' generally."

Not Appboved '-

This bill is objected to for two reasons :

1st. That it permits the receiver of taxes to appoint
a deputy who shall exercise all the powers of a receiver
of taxes and fixes the salary of such deputy receiver at
one thousand dollars per annum. The receiver of taxes
receives a salary of two thousand dollars per annum
for performing his duties under the existing statute.

2nd. tinder the existing law, the receiver of taxes is
to receive necessary expenses not exceeding, however,
the sum of one hundred and fifty dollars. This bill
strikes out the limitation and allows expenses without
regard to the amount.

The whole effect of the bill is to increase local ex-
penditures and thus increase the burdens of local taxa-
tion. There seems to be no justification for the in-
creases sought by the bill.

I, therefore, disapprove the bill.

(Signed) WM. SULZEE

Veto Messages 267

Amending Conservation Law in Relation to Clerical
Force in Bureau of Marine Fisheries and Pertaining
to the Use of Nets in Far Rockaway Bay, Jones' Inlet
or Adjacent Waters

State of New York — Executive Chambeb

Albany, May 16, IQ'IS

The following bills,, amending the Conservation
Law, are disapproved for the reasons herein stated:
Senate Introductory No. 1663, Printed No. 21307,
entitled

' ' An act to amend the conservation law, in re-
lation to office and clerical force."

This bill relates to the clerical force of the Bureau
of Marine Fisheries, and is covered by. the general
amendment of the Conservation Law, which was ap-
proved by me and became chapter 608 of the Laws of
1913.

Assembly Introductory No. 115, Printed No. 115,
entitled

" An act to repeal section 332 of the conserva-
tion law, iji relation to nets in Far Rockaway bay,
Jones ' inlet or adjacent waters. ' '

The purpose of this bill has been satisfactorily ad-
justed and covered in the General Law amending the
Conservation Law, recently approved by me and now
chapter '508 of the Laws of 1913.

Further,, this bill is special legislation and it abso-
lutely removes' from the Conservation Department
all jurisdiction over these waters.

268 Public Papees or Goveenoe Sulzee

Assembly Introductory No. 1637, Printed No. 1834,
entitled

" An act to amend the conservation law, in
relation to license fees for eel pots and nets."

Full power and authority is now lodged by statute
in the Conservation Commission to promulgate rules
and regulations covering the subject matter attempted
to be regulated by this special bill. Legislation of this
special character, under the circumstances, should not
meet with executive approval.

Assembly Introductory No. 14217, Printed No. 1569,
entitled

" An act to amend the conservation law, in re-
lation to taking minnows for bait. ' '

This present measure has met with serious objection
from the Conservation Commission. It conflicts with
the present statute and I feel that it is my duty to dis-
approve the bill.

The foregoing bills are disapproved.

(Signed) WM. SULZEE

Amending the Election Law Generally

State of New Yoek — Executive Chambee

Albany, May 16, 1913

Memoeandum filed with Senate bill Introductory No.
1845, Printed No. 2500, entitled

' ' An act to amend the election law generally. ' '
Not Appeovbr

Veto Messages 269

This bill is disapproved for the reasons already
stated by me in my veto of Senate bill, Printed No.
2110, relating to the same subject matter. "■

(Signed) WM. SULZER

Amending Charter of the Village of Deposit

State of New York — Executive Chambeh

Albany, May 16, 1913

Memorandum filed with Senate bill. Introductory
No. 790', Printed No. 2222, entitled - : • .

' ' An act to amend the charter of the village of
Deposit, situated partly in the town 'of Sanf ord,
Broome county, and partly in the town of Deposit
(formerly Tompkins), Delaware county, and to re-
vise and compile the several acts relative to said
village. ' '

Not Approved

The G-eneral Law now provides for the incorpora-
tion of a village and it also ha,s a proyision perraitting
villages which were incorporated under and by virtue
of a special charter si^ch as the village in this cas.e,
to adopt a proposition at an election and come under
the General Village Law.

I^he General Village tjaw contains a complete and
ample scheme for village governments and, in my judg-
ment, it is better for villages which have special chart-
ers and wish to get broader powers than their charters
now confer, that they should take advantage of, this
general law and, re-incorporate under it.

The bill is therefore disapproved.

(Signed) WM. SULZER

270 Public Papees op Govebnob Sulzeb

Amending Village Law to Create and Establish Office of

Fire Marshal

State of New Yoek — Executive Chambeb

Albany, May 16, 1913

Mbmobandum filed with Senate bill, Introductory
No. 1777, Printed No. 2i3Si8, entitled

" An act to amend the village law, in relation
to general powers of the board of trustees."

Not Appeoved

This bill amends section 89 of the General Village
Law, by adding thereto a subdivision permitting the
board of trustees to create and establish the office of
fire marshal, whose duties and powers shall be the
same as the fire marshal in cities of the second class.

So far as this bill permits the establishment of the
office of fire marshal is concerned, it is proper. But
when it refers to any other law, to determine what
his powers and duties shall be, it, in my judgment is
objectionable, if not of doubtful constitutionality,
under article III, section 17 of the Constitution.

But, even assuming that the act is valid, the policy
of such legislation is not sound. Either the law itself
should be complete as to the powers and duties of the
fire marshal or they should be prescribed by ordinance
enacted by the board of trustees and -it should not be
necessary to refer to some other law governing other
municipalities to determine the same.

The bill is disapproved.

(Signed) WM. SULZEE

Veto Messages 271

Amending Public Buildings Law in Relation to Care,
Custody and Control of the State Education Building

State of New Yokk — Executive Chamber

;Albany, Ma^ 17, 1913

Memokandum filed with Assembly bill, Introductory
No. 1467, Printed No. 1023, entitled

" An act to amend the public buildings law in
relation to the jurisdiction of the trustees of pub-
lic buildings."

Not Approved

This bill is against the best interests of the State.

I believe that the care,, custody and control of the
State Education Building belongs properly to the
State Education Department, rather than with the
trustees of public buildings. Its approval would be a
step backward, and I cannot consistently approve it.

(Signed) WM. SULZER

Amending Tax Law in Relation to Exemptions

State of New York — ExECUTrvB Chamber

Albany, May YJ, 1913

Memorandum filed with Senate bill, Introductory
No. 1566, Printed No. '2148, entitled

"An act to amend the tax law, in relation to
exemptions."

Not Approved '-

27:2 Public Papeks of Goveestok Sulzeb /

/
At the public hearing, on this measure, it became
apparent that because of an amendment to the charter
of 'the association interested in the measure, the ex-
emption desired could be granted under existing law.
This, bill is theref ore. npt necessary and hence dis-
approved.

(Signed) WM. SULZER

Amending Insurance Law Relative to the Organization
of Assessment Associations

State op New Yoek — Executive Chamber

Albany, May 17, 1913

Memorandum filed with Senate bill, Introductory
No. 865, Printed No. 1755, entitled

"An act to amend the insurance la: w, in relation
to certificates of authority to be issued by the
superintendent of insurance."

Not Approved

An amendment of similar nature to the Insurance
Law has been introduced and passed by previous Leg-
islatures but has always failed to receive Executive
approval,

One of the salient features of the reform legislation
of 190'6, following the expressed recommendation of
the A^rmstrpng Committee, was an amendment to article
VI of our Insurance Law, relating to assessment as-,
sociations which provided that after June 1, 1906, no
further assessment association could be organized un-
der the provisions of the New York Itisurance Law,
and no associations of that character organized in

Veto MiassAGEs 273

other States and not admitted prior to the Legislature
of 1906, could be authorized to transact business in
this State. - ^'-i "' >- . •■• / ..

This amendment to the Insurance Law since this
enactment has been deemed by the Insurance Depart-
ment of the State a wise one for the protection of the
insuring public.

I deem it improper to depart from this established
policy of the State.

I, therefore, disapprove the bill.

(Signed) WM- SULZER

Amending the Insurance Law in Relation to Agents of
Life Insurance Corporations

State of New Yobk — Executive Chambek

; Albany, Ma^ 17, 1913

Memokandtim filed with Senate bill, Introductory
No. 1313, Printed No. 1549, entitled

"An act to amend the insurance law, in rela-
tion to agents of life insurance corporations."

Not Appeoved

I am not; convinced as to the desirability of this pro-
posed law, and further believe that it is unnecessary
liegisiation. ■ • ''•' ;

Its enactment "will tend to decrease the sense of
personal responsibility which should be constantly felt
by all life insurance agents and perhaps make it diffi-
cult in many cases to fix responsibility where ignor-
ance, or fraud, has occurred in placing life insurance.

I disapprove the bill.

(Signed) WM. SULZER

274 Public Papbbs of Goveknob Sulzee

Sundry City Bills Not Accepted by the Cities to Which
They Relate

State of New Yoek — Executive Chambeb

Albany, May 17, 1913

Memorandum filed with bills specified below:

Not Appeovbd

The following bills have not been approved, for the
reason that they are special city bills and were not
accepted by all the cities in question in accordance
with the Constitution:

Senate bill. Introductory No. 452, Printed No. 2345,
entitled

"An act to amend the inferior criminal courts
act of the city of New York, in relation to the
clerks and deputy clerks of the court of special
sessions."

Assembly bill. Introductory No. 1779, Printed No.
2020, entitled

" An act to provide for a rehearing of the
charges by which Saul J. Rosenthal was dismissed
from the fire department of the city of New York. ' '

Assembly bUl, Introductory No. 729, Printed No.
2055 (Senate Reprint No. 2303), entitled

"An act to amend the Greater New York
charter, in relation to regulating and licensing
public dance halls and ball rooms."

Assembly bill, Introductory No. 470, Printed No.
475, entitled

Veto Messages 275

"An act to amend the Greater New York
charter, in relation to the uniformed force of the
fire department."

Assembly bill, Introductory No. 715, Printed No.
743, entitled

"An act to authorize appeals in certain proceed-
ings brought by the city of New York for acquir-
ing property in the borough of Manhattan, city of
New York, for bridge purposes."

Assembly bill, Introductory No. 1760, Printed No.
2759, entitled

"An act to amend the Greater New York
charter, in relation to making members of the po-
lice of the board of water supply members of
the police force of the city of New York."

Assembly bill, Introductory No. 1024, Printed No.
1079, entitled

"An act to amend the Greater New York
charter, in relation to leaves of absence, without
pay, of employees chosen to fill an elective ofiice. ' '

Senate bill. Introductory No. 1267, Printed No. 2808,
entitled

"An act to amend the Greater New York
charter, in relation to the powers of the board of
education of the city of New York, with respect
to custodians and custodian engineers."

Senate bill. Introductory No. 1783, Printed No. 2356,
entitled

"An act to amend the Greater New York
charter, in relation to assessment for local im-
provements."

(Signed) WM. SULZER

276 Public Papehs of Govebnor Sitlzee

Amending Prison Law in Relation to the Retirement and
Pensioning of Employees of State Prisons

State of New Yoek — Executive CHAiviBER

Albany, May 17, 1913

Memokandum filed with Senate bill. Introductory
No. 402, Printed No. 1874, entitled

' ' An act to amend the prison law, in relation to
the retirement of einployees in state prisons and
pension of such employees."

Not Appboved

I have already vetoed bills similar in principle to the
measure now before me, for the reason that it commits
the State to the policy of providing a pension for its
civil employees out of State moneys.

This particular measure specifically requires an ap-
propriation by the Legislature, for any insufficiency
in the pension fund, . and, in addition, places duties
upon the State Comptroller concerning' the subject
matter inconsistent with the present policy of the
State.

The laws of the State are now ample to permit these
employees to form an association among themselves
to carry out the purposes of this act, by making mutual
contributions to a pension fund.

I disapprove the bill.

(Signed) WM. SULZEE

Veto Messages 277

To Legalize and Confirm Tax Election Held in Niagara
Falls in April, 1913, for the Issuance of Bonds to
Provide for Purchase of Site for City Hall Building

State of New York — Executive Chamber

Albany, May 17, 1913

Memorandum filed with Senate bill, Introductory
No. 1762, Printed No. 2316, entitled

"An act to legalize and confirm a certain tax
election held in the city of Niagara Falls, New
York, on the seventeenth day of April, one thou-
sand nine hundred and thirteen, for the purchase
of a site for a city hall building and the issuance
of the bonds of said city therefor."

Not Approved

This bill is unnecessary for the reason that the
General Municipal Law now contains ample provisions
for legalizing bonds or proceedings leading up to their
issuance.

If such general law is in any way defective, or not
broad enough to accomplish the result sought by this
bill, it should be suitably amended and thus render the
necessity of special legislation unnecessary.

I, therefore, disapprove the bill.

(Signed) WM. SULZER

278 Public Papers of Govebnob Sulzeb

Sundry Bills the Purposes of Which Can Be Accom-
plished under the Provisions of the Home Rule Law
for Cities

State of New Yobk — Exbcxjtivb Ohambeb

Albany, May 17, 1913

The following bills have not been approved, for the
reason that the purposes of the measures can be ac-
complished under the provisions of the Home Rule
Law for Cities, which was approved by me April 10,
1913, and became chapter 247 of the Laws of 1913.

These bills are as follows :

Senate bill, Introductory No. 399, Printed No. 2161,
entitled

"An act to amend chapter three hundred and
sixty of the laws of nineteen hundred and eleven,
entitled 'An act to promote the health and effici-
ency of patrolmen in the cities of the first and
second class,' generally."

Senate bill. Introductory No. 1449, Printed No. 1777,
(entitled

"An act to amend chapter two hundred and
eighty of the laws of nineteen hundred and twelve,
entitled 'An act fo authorize the city of Buffalo
to issue its bonds for the purpose of raising money
to construct, extend and regulate its system of
water works, and to reimburse the new construc-
tion account, bureau of water, for disbursements
made for district mains, valves, hydrants, meters
and tools, since the thirtieth day of June, nineteen
hundred and seven,' providing for bond issues

Veto Messages 279

for such purposes from year to year, and relating
to the rate of interest and place of payment. ' '

Senate bill, Introductory No. 1636, Printed No. 2060,
entitled ,

"An act to amend chapter four hundred and
, thirty-one of the laws of nineteen hundred and
twelve, . entitled 'An act to authorize the city of
Lockport to borrow money by the issue of bonds
to reconstruct, enlarge, rebuild, repair, improve
and refurnish the union school building, includ-
ing a sanitary heating, ventilating and closet sys-
tem therein,' by increasing to one hundred thou-
sand dollars the amount of money so authorized
to be borrowed'for such purposes."

Senate bill. Introductory No. 1740, Printed No. 2257,
entitled

"An act to amend chapter three hundred and
fifty-six of the laws of nineteen hundred' and
seven, entitled 'An act to , provide for the con-
struction of intercepting sewers in and for the
city of Syracuse, ' as amended by chapter one hun-
dred and seven of the laws of nineteen hundred
and nine and chapter twenty-two of the laws of
nineteen hundred and eleven, relative to the con-
struction of a storm water sewer system in the
first and second wards of said city. ' '

Senate bill. Introductory No. 1353, Printed No. 1598,
entitled ;

"An act to amend the second class cities law,
relative to salaries."

Assembly bill. Introductory No. 861, Printed No.
904, entitled

"An act to permit the city of Mount Vernon to
provide for the special lighting of the business

280 Public Papebs of Goveenok Sxilzeb

district of said city, and to assess the cost thereof
upon the abutting property."

Assembly bill, Introductory No. 1772, Printed No.
2013, entitled

"An act to create and establish a policemen's
relief and pension fund for the police department
of the city of Amsterdam and authorizing the
granting and payment of relief and pensions to
the officers and members of said department en-
titled thereto."

Assembly bill. Introductory No. 1669, Printed No.
1888, entitled

'.'An act to amend the Greater New York
charter, in relation to retirement from active serv-
ice of officers, clerks and employees."

Assembly bill, Introductory No. 465, Printed No. 470,
entitled

"An act to amend the Greater New York
charter, in relation to fire department pilots."

Assembly bill. Introductory l^o. 1434,; Printed No.
1576 (Senate Reprint, Nq. 2168), entitled ;

"An act to amend the Greater New York
charter, in relation to the repair and maintenance
of water front property set apart for the use of
city departments."

Assembly bill. Introductory No. 1773, Printed No.
2734, entitled

"An act to amend chapter eighty-seven of the
laws of eighteen hundred and ninety-three, en-
titled 'An act to amend chapter three hundred
and thirty-five of the laws of eighteen hundred

Veto Messages 281

and sixty-eight, entitled "An act to incorporate
the city of Ogdensburg," and the acts amending
the same,' generally, and repealing various sec-
tions thereof."

Assembly bill, Introductory No. 2020, Printed No.
2361, entitled.

"An act to amend the Greater New York
charter, in. relation to authorizing the board of es-
timate and apportionment to make an annual ap-
-propriation for the support and maintenance of
the American Museum of Safety, and in relation
to the conduct of such museum."

': ''''" (Signed) WM. StJLZER

Amending; the Civil Service Law in Relation to the
Power of Removal and the Suspension and Re-
instatement of Employees.

State of New York- — ^ Executive Chamber

• Albany, May 17, 1913

Memorandum filed with Assembly bill. Introductory
No. 1255, Printed No. 2284, entitled

"An act to amend chapter fifteen of the laws
df nineteen hundred and nine, entitled 'An act in
relation to the civil service of the state of New
York and the civil divisions in cities thereof, con-
stituting chapter seven of the consolida,ted laws,'
as amended by chapter two hundred and sixty-
four of the laws of nineteen hundred and ten, in
relation to the power of removal."

282 Public Papeks of Govbb:nob Stjlzeb

and with Assembly bill, Inttoduetory No. 1254, Printed

No. 2696, entitled

"An act to amend chapter fifteen of the laws of
nineteen hundred and nine, entitled 'An aiet in re-
lation to the civil service of the state of New York
and the civil divisions in cities thereof, constitut-
ing chapter seven of the consolidated laws,' as
amended by chapter two hundred and sixty-four
of the laws of nineteen hundred and ten^ in rela-
tion to the suspension and reinstatement of em-
ployees. ' '

Not ApPRbVBD

The provisions of these two bills are utterly op-
posed to the due administration of our civil service
laws ; contrary to the letter and the spirit of the merit
systemj and their enactment would go far to destroy
discipline and greatly impair the efficiency of the en-
tire civil service systena of the State.

I disapprove the bills. '^

(Signed) WM. STJLZER

Amending Highway Law in Relation to Laying of Rail-
road Tracks upon Albany Post Road, Westchester
County

State of New Yoek — Executive Chambeb

Albany, Mai/ 23, 1913

Mbmobandum filed with Assembly bill, Introductory
No. 584, Printed No. 598, entitled

' ' An act to amend the highway law, in relation
to the laying of railroad tracks upon the Albany
Post road within the county of Westchester. ' '

Not Appeoved

Veto Messages 283

This bill amends section 343 of the Highway Law,
and permits the construction of a railroad on the old
Albany Post road in the towns of Ossining, Mount
Pleasant and Greenburg, Westchester county.

In effect it repeals the protection afforded this road
from trolleys under the Burns law, which was enacted
in 1896. The reasons that then existed for the preser-
vation of the historic highway exist today in my judg-
ment with much greater force.

The geographic situation of this road and its pe-
culiar physical characteristics, to my mind, render it
important to preserve it exclusively for vehicular
traffic.

The convenience of the citizens through the territory
affected can be readily accomplished by the establish-
ment of a trolley line located elsewhere than upon this
main artery of traffic.

In view of the protests against this legislation, and
the fact that it will seriously interfere with the com-
prehensive plans of the Highway Department for a
beautiful boulevard from New York to Albany, and
thence to Buffalo; and thence to Niagara Falls; I can-
not consistently approve this bill.

(Signed) WM. SULZER

Providing Two=Platoon System in Fire Department in
Cities of the First Class

State of New Yobk — - Execlftive Chambee.

Albany, May 24, 1913

Memobandum filed with Senate bill, Introductory
No. 264, Printed No. 269, entitled

"An act to promote the health and efficiency of
firemen in cities of the first class, by providing

284 Public Papers of Goveenok 8ulzeb

for a two-platoon system in tJie fire department
of such cities."

Not Appboved

I am convinced that the approval of this measure
would interfere greatly with the efficiency of the fire
department in the cities affected, and further that the
regulation of the matter should be performed by the
local authorities.

In addition, I am convinced that such pov/er and
authority is conferred upon the local authorities, un-
der and pursuant to the provisions of the Home Rule
Law for Cities, now chapter 247 of the Laws of 1913.

I disapprove the bill.

(Signed) WM. SULZER

Special City Bills Not Accepted by the Mayors of the
Cities to Which They Relate

State of New Yoek — Executive Ohambeb

Albany, May 24, 1913

Memokandum filed with bills specified below :

Not Approved

The following bills have not been approved, for the
reason that they are special city bills and were not
accepted by all the cities in question, in accordance
with the Constitution :

Assembly bill. Introductory No. 1825, Printed No.
2090, entitled

"An act to amend chapter seven hundred and
fifty-five of the laws of nineteen hundred and
seven, entitled 'An act constituting the charter of

Vp:to Messages ■ 285

the city of Rochester, ' in relation to extending the
execution and service of process in the municipal
court to the county of Monroe."

Senate bill, Introductory No. 1641, Printed No. 24^,
entitled

"An act to amend the Greater New York
charter, in relation to establishing the department
of public welfare, prescribing its powers and
duties and transferring thereto certain of the pow-
ers and duties of the police department."

Assembly bill. Introductory No. 1356, Printed No.
1481, entitled

, , , " An a,c]b to ex1;end the tinae ^qr filing claims with
the board of assessors of the city of New York
for damages sustained by owners of real property
fronting upon streets approaching the Manhattan
bridge over the East river in said city. ' '

Senate bill, Introductory No. 930, Printed No. 1046,
entitled

"An act to amend the code of civil procedure,

in relation to conferring power on the justices

> of the city court of the city of New York to fix

and regulate the compensation of the officers and

employees of such court."

(Signed) WM. SULZER

286 Public Papers of Gtovbbnob Sulzeb

Sundry City Bills Not Returned by the Mayors of the
Cities to Which They Relate

State of New Yobk — Executive Chambeb

Albany, May 24, 1913

Memoeandum filed with bills enumerated below.
Senate bill. Introductory No. 1787, Printed No." 2360,
entitled

"An act creating a board of managers for the
government and conduct of the Sunnycrest Sana-
torium of the city of Auburn, New York, for the
care and treatment of persons afflicted vdth tuber-
culosis and defining the powers and describing the
duties of said board."

Senate bill. Introductory No. 1158, Printed No. 1743,
entitled

" An act to amend the charter of the city of
Schenectady, in relation to the improvement of the
streets, as state or county highways, by the state
commission of highways."

Assembly bill. Introductory No. 1837, Printed No.
2646 (Senate Eeprint No. 2286), entitled

"An act to amend the charter of the city of
Schenectady, in relation to city and ward boun-
daries. ' '

Assembly bill. Introductory No. 1791, Printed No.
2034, entitled

"An act to amend chapter seven hundred and
fifty-six of the laws of nineteen hundred and
seven, entitled 'An act to provide for the govern-
ment and to supplement the provisions of law

Veto Miessagbs 287

relating to the city of Schenectady,' in jrelation
to the department of the judiciary. "

Not Appboved. ' ; . , = ; >

These bills were not,, re turned by the mayors of the
cities to ■vv'hich they relate within the fifteen days re-
quired by the Constitution, and, therefore, I have not
jurisdiction to a,c,t upon them. ,,,.,,.!

These bills are, therefore, disapproved.

(Signed) WM. SULZER

Sundry City Bills Not Returned by the Mayors of the
Cities to Which They Relate

State op New Yoek — Executive Chambeb

Albany, May 24, 1913

Memorandum filed with bills enumerated below.
Assembly bill, Introductory No. 852, Printed No.
1976, entitled ,

"An act to amend chapter five hundred and
fifty-nine of the laws of nineteen hundred and ten,
entitled 'An act to provide a charter for the city
of New Rochelle,' in relation to the annual esti-
mate of th& .city of New Brjoph^lle, ' '

Assembly bill, Introductory No. 1659, Printed No.
2498, entitled

"An act to amend chapter one hundred and
forty-two of the laws of nineteen hundred and five,
entitled 'An act to revise the charter of the city
of Corning,' in relation to salary of assessors."

288 Public Papers op Gtovebnoe Sulzer

Assembly bill, Introductory No. 2018, Printed No.
2359, entitled

"An act to amend chapter seven hundred, and
thirty-three of the laws of nineteen hundred and
one, entitled 'Aii act to provide for the licensing
of firemen operating steam stationary boiler br
boilers in the city of New York, ' transferring the
power of licensing to the commissioner of
licenses. ' '

Not Approved.

These bills are not approved for the reason that they
were not returned by the mayors of the cities to which
they relate, and, therefore, I have not jurisdiction to
act upon them.

(Signed). WM. SULZEE

To Legalize Issues of Forty Thousand Dollars of Bonds
of the City of Geneva Authorized at Special Election
Held May 23, 1911

State of New York — Executive Chamber

Albany, May 24, 1913

Memorandum filed with Assembly bill. Printed No.
573, printed :

"An act to legalize an issue of forty thousand
dollars of bonds of the city of (reneva, authorized
at a special election in said city held, May twenty-
third, nineteen hundred and eleven."

Not Approved •

This bill is unnecessary, for the reason that the
General Municipal Law now contains ample provisions

,: Veto Messages 289

for legalizing bonds or proceedings leading up to their
issuance.

, If ,^H<?h general la"W; -is in any way defective or not
broad enough to accomplish the result sought by this
bill, it shfluld be suitably , amended and render the
necessity of special legislation unnecessary.
I, therefore, disapprove the bill.

(Signed) WM. SULZER

Appropriating Thirty Thousand Dollars for Dairy Build-
ing, Barn and Equipment at the Schoharie School
of Agriculture at Cobleskill

: State' of New York — Executive Chamber

' Albany, M<?«/ 24, 1913

Memorandum filed witli Assembly bill, Introductory
No. 986, Printed No. 1038, entitled"

" An act to provide for thie erection of a dairy
building and equipment and a barn and equipment
for the Schoharie School of Agriculture at Coble-
skill." ' ' ■ ■ ■'■' ;'' \ '' ' :;'

Not Approved

This act aijthoyizes the board of trustees, of the
Schoharie School of Agriculture, to construct the
buildings described in the titjle: and appropriating
therefor the sum of thirty thousand dollars.

I have this day approved a companion bill, appropri-
ating over twenty thousand dollars for this school of
agriculture which covers sundry items deemed by me
to be immediately necessary.

The. mone.y which this bill appi"opriates would not be
available until next year ; and, although I am person-
10

290 Public Papeks of Goveenob Sulzee

ally ill favor of equipping the Schoharie School of
Agriculture with a dairy building, I am advised that
the present condition of the State finances requires
that no appropriation be made for this until the ses-
sion of the Legislature next year. At that time I
trust that provision will be made, by adequate appro-
priation,, for the buildings specified in this measure.

For the reasons above stated, I now disapprove this
bill.

(Signed) WM. SULZER

Items of Appropriation Objected to Contained in Bill
Providing for the Maintenance of the Schoharie
State School of Agriculture, the Other Portions of
Which Bill Were Approved

State of New Yoek — Executive Chambee

Albany, May 26, 1913

Memoeandum filed with Senate bill. Introductory
No. 1647, Printed No. 2089, entitled

" An act providing for the maintenance of the
Schoharie State School of Agriculture, and for the
iinprovement of the buildings and property
thereof, and making an appropriation therefor."

Appeoved

I object to the items oif this bill set forth in the an-
nexed statement, which I appended to the bill at the
time of signing, and I approve the other portions of
the bill. The items objected to, in my judgment, are
not necessary at the present time.

Veto Messages '291

Page two, lines eight and nine

" For the general maintenance of the school and
the expenses of the board of trustees, two thou-
sand dollars ($2',000)."

Page two, lines fourteen and fifteen

' ' For fencing farm lands and property, five
hundred, dollars ($500)."

(Signed) WM. SULZER

Amending Transportation Corporations Law Relating to
Water Storage Corporations

State of New York — Executive Chambee

Albany, May 26, 1913

Memokandum filed with Senate bill, Introductory
No. 214, Printed No. 218, entitled

" An act to amend the transportation corpora-
tions law, in relation to water storage corpora-
tions. ' '

Not Appeoved

This is a mischievous bill, and calculated to do much
harm. Its principle directly violates the policy to
which our State is now committed of the conservation
and the utilization of our natural resources for the
equal enjoyment of all our citizens.

The basic principle underlying this measure is noth-
ing less than the granting, I might almost state the
gift, to private individuals, or private corporations,
of the vast, undeveloped and immensely valuable nat-

292 Public Papees of Goybbnoe 8ulzee

ural resources of our State, and would mark the com-
mencement of a policy that vould inevitably end in
the doniination of, thp industrial life and the industrial
liberty of our citizens by corporate control..

The policy of the measure is bad, and the most
favorable consideration of its provisions must con-
demn its plans and scope. Not only in my opinion, is
the measure open to serious fc[uestion as to its constitu-
tionality, but its povisions are absolutely unfair in its
purported adjustment of compensation to the State in
return for the immense benefits hoped to be secured.
The extraordinary powers conferred, so far as I know,
are without legislative precedent.
■ 1 would be untrue to my expressed conviction re-
garding the conservation and the utilization of our
natural resources, and I would feel as if we were bart-
ering aw:ay the most precious heritage of our citizens
and giving active and effective assistance to the stifling
of our industrial progress were I to give my approval
to this measure.

I know the power,, the influence, and the wealth that
an approving stroke of my pen would grant to those
interested in this bill and I keenly realize their, power
for reprisal. But, I shall do my duty as I see it, re-
gardless of peisonal consequences, and strive in the
future as I have in the past to secure the greatest gbod
for the greatest number which will inevitably result
from the conservation and development of our waste
water power and other natural resources under State
supervision and regulation with equal opportunity of
participation by all upon equal terms rather than their
exploitation by the few upon favored terms.

I disapprove the bill.

(Signed) WM. SULZER

, i. ,

Veto Messages ' 293

To Permit Construction of Street Surface Railroads on
Macadamized Public Highways in Queens County

State oe New Yokk — Executive Chambbe

Albany, May 27, 1913

Memorandum filed "With Senate bill, Introductory
No. I2i65, Printed No. 2380v entitled

, "An act to repeal chapter six hundred and
eighty-six of the laws of. eighteen hundred and
ninety-four entitled ' An act for the preservation
of the macadamized public higliways of Queens
county, a,nd acts amendatory thereof."

Not Appboved

By chapter 647 of the Laws of 1907, which this pro-
posed bill repeals in its entirety, it is prescribed

" No street surface railroad or railroad of any
kind shall be constructed upon any macadamized
public highway in any town in Queens county or
in Nassau county after a vote of the majority of
the electors of such town being cast in favor
thereof at an annual town meeting. This bill
* * * the consent of tlie majority of the elec-
tors as herein provided shall be in addition to the
requirements of the General Railroad Act of the
State."

A repeal of this act would be solely, simply and
purely a grant of unrestricted and unlimited power to
the street surface railroads in Queens and Nassau
counties to monopolize the use of each and every ma-
cadamized public highway in both of those counties,
without any regard to the public sentiment of the
citizens thereof.

294 Public Papeks of Goveenoe iSulzbe

It may be argued that the matter is now absolutely
vested in the discretion of the Public Service Commis-
sion of the First District, as to the manner and method
of securing the consent of the citizens of the locality,
with reference to the extension of construction of
street surface railroads upon these particular macad-
amized public highways, but if the argument is sound,
this particular measure is wholly unnecessary, for the
reason that the suggestion assumes that the Public
Service Commission by authority of law already have
complete control over the situation.

It is my opinion that the statute which this bill seeks
to repeal is of vital, interest to the citizens of the" local
community and if it is to be repealed, it should be only
after those citizens have expressed their desire to that
effect at the polls.

I disapprove the bill.

(Signed) WM. SULZER

Amending County Law Relative to Discriminations of
Newspapers for Publication of Session Laws, Elec-
tion Notices and Official Canvass

State of New Yoek — Executive Cecambbe '

Albany, May 27, 1913

Memorandum filed with Senate bill. Introductory
No. 1844, Printed No. 2503, entitled

" An act to amend the county law, in relation
to the designation of newspapers for the publica-
tion of the session laws, election notices and of-
ficial canvass."

Not Appeoved

Veto Messages 295

This bill amends sections 20 and 22 of the County
Law, relative to discriminations of newspapers for the
publication of the Sessions Laws, election notices and
official canvass. •

This measure is undoubtedly enacted merely to meet
a political situation existing in certain counties of the
State, resultant upon the last election. The political
party attempted to be discriminated against by this
measure should have the benefit of the law as it stood
upon the statute books when they succeeded in coming
within its provisions, and the deprivation of any ad-
vantages that accrue to such political party under the
present law should not be destroyed or taken away
by partisan legislation of this character.

I disapprove the bill.

(Signed) WM. SULZER

Amending Conservation Law for the Development and
Utilization of the Water Power of the State and the
Construction of a Hydro^Electric Plant at Vischer
Ferry on the Mohawk River

State of New York — Executive Chambek

Albany, May 27, 1913

Memorandum filed with Senate bill. Introductory
No. 5^3, Printed No. 1216, entitled

" An act to amend the conservation law, by re-
pealing article six thereof and enacting a new
article,, in relation to hydro-electric plants and dis-
tricts and making an appropriation therefor."

Not Approved

296 Public Papers of Gpveknoe Sulzek

No man is more in favor than I am of the genuine
conservation, the real development, and the ultimate
utilization, in the niost effective manner, for the bene-
fit of all the people,, of the great water powers of the
State of New York. , ,i

In the future as in the past, I shall do all I can to
promote the conservation and the utilization of these
natural resources of our State for the general welfare,
and for the equal; participation of the same by all of
our citizens.

My sympathy is now, and has been, as many know,
strongly in favor of the purposes of this bUl. My
anxiety is all for its policies, and I would not hesitate
to sign it, if I could see my way clear to do so in the
face of several mooted points which have been raised,
in connection with the whole subject matter, by some
of the most public spirited and disinterested citizens
of our commonwealth.

This bill appropriates $650,000 to make a beginning,
and I aip, advised, by patriotic citiizen^ jvfho have care-
fully investigated the plan and scope ,pi this measure,
that it will soomer or later cost the taxpayers of the
State, millions and millions of dollars. ,,,,

In view of the fact that there is great doubt as to
the sufficiency of water at certain seasons of the year,
to create the power that can be developed at this place,
there is great fear that the whole project may prove
a failure after the expenditure of vast sums of money,
and if this should be the same it would retard pro-
gressive conservation and true utilization of water
powers for the people, for a quarter of a century.

If we are to begiii utilizing the natural water powers
of the State, for the benefit of the people, we should
commence, it seems to me, at that place in the State,

Veto Messages 297

where we have tlie greatest water power, and not
where we have the least. In other words, we • should
develop that water power that is of so great a volume,
that power and heat and light can be generated for the
benieflt of all the people,, in every portion of the State,
and not for a few in a selected locality. Let us be sure
we are right before we go ahead. That is the only safe
way.

Then again, this measure is severely criticised as
loosely drawn, defective in places, and of doubtful con-
stitutional provisions. Whether I agree with these
criticisms or not, is now immaterial. I am satisfied
that if the bill shoiild become a law it would be the
subject of long and expensive litigation, and thus have
a tendency to check the progressive policies of our in-
dustrial development for many years to come.

Another serious objection comes with much greater
force from the friends of the Barge canal. They are
opposed to the plan embodied in this bill on the ground
that it will cripple the efficiency of the Barge canal.
I should be the last man in the State to do anything
to injure, or to limit, the effidiency of this great canal.

Whether this contention of the canal people is cor-
rect, or not, I am reluctant 'to ' overlook their serious
protests; and being in much doubt about it, I have
concluded the best policy for me to pursue is to resolve
thQ doubt in favor of the Barge canal.

As a friend of the Capital City, and of the cities and
towns and villages in its vicinity, I am anxious to do
everything I can to jJromote their commercial welfare,
but I do not want to do it at the sacrifice of atiy other
agency of the State. We must be fair and just in these
inatterg,, and genera! instead of special, whenever it
is possible, in so far as material benefits are concerned.

298 Public Papbbs of Gtoveenok Sulzee

When I became Grovernor I determined to do every-
thing in my power to repeal the Long Sault Develop-
ment Company's charter, and thus restore to the peo-
ple of the State, the greatest natural resource within
its confines. To that end I had prepared and intro-
duced in the Legisla,ture a repeal bill, and urged, in
season and out of season, its passage. It finally
passed. That repeal bill is now a law. Hence the
great water powers of the Long Sault on the St. Law-
rence are now at the command of the people of New
York. They constitute, in the opinion of experts, an
asset, beyond the dreams of avarice. ; ,

If the State is going to develop and untilize its
water powers along the lines of the measure now be-
fore me, my judgment is, and I say this after very
careful consideration, and the maturest deliberation,
that we should begin where the volume of water and
horse power is beyond question.

Experts are all in accord tha,t the greatest natT}i:al
undeveloped water power iu; this country is the; Long
Sault, along the St. Lawrence, on the northern frontier
of the State of New York. The water power here is
tremendous, and the uniformity of volume, during all
the seasons of the year unsurpassed, for the reason
that the Great Lakes, the largest body of fresh water
in the world, form an unparalleled natural reservoir.

With the present improved mechanical methods of
transmission of electrical energy, it is now a demon-
strated fact that this power generated on, the St,
Lawrence can be distributed over the entire State of
New York.

Is it not wise to concentrate the first development
of water power there rather than at Vischer Ferry, on
the Mohawk river? In the former place enough power
and heat and light can be generated for the entire

Veto Messages 299

State; at the latter place, according to disinterested
experts, only enough can be generated to supply a very
limited area of population.

If we begin and fail it will take years to start again,
so why not begin at the best place, where the probabil-
ity of failure is so remote, then even a layman can see
success ahead.

In view of all that has been said for and against
this measure, I am reluctantly constrained, for the
reasons herein stated, to withhold my approval, and
have concluded, for the general welfare, to appoint a
commission of experts and disinterested citizens, who
are more or less familiar with the whole subject mat-
ter, to thoroughly investigate, not only the project
under consideration, but the Long Sault Water Pow-
ers, the Niagara Water Powers, and the Genesee
Water Powers and others, with a view of determining
what is the best thing to do ultimately and finally for
all concerned, and to report their conclusions with ap-
propriate bills, for the consideration of the next Legis-
lature.

' ' (Signed) WM. SULZEE

Sundry City Bills Not Returned by the Mayors of the
Cities to Which They Relate or on Which No Re-
turns Were Made

State of New York — Executive Chambeb

Albany, May 28, 1913

The following list of bills enumerated below are not
approved for the reason that they either were not re-
turned within the fifteen days provided by article 12,
section 2, of the Constitution, or the city authorities to

300 Public Papees df Govebnoe Sulzee

which the bills relate failed to make any return what-
ever.
Not Appeoved

Assembly bill, Introductory No. 1605, Printed No.
2497, entitled

"An act to amend chapter four hundred and
fifty-two of the laws of nineteen hundred and
eight, entitled 'An act to supplement the general
laws relating to the government of the city of
Yonkers, and to revise and consolidate the local
laws relating thereto,' in relation to the assess-
ment and collection of taxes of said city. ' '

Assembly bill, Introductory No. 1417, Printed No.
2286, entitled,

"An act to amend the charter of the city of
Jamestown, in relation to the paving of streets."

Senate bill. Introductory No. 1714, Printed No. 2494,
entitled

"An act to amend chapter four hundred and
seventy-eight of the laws of eighteen hundred and
ninety-three, entitled 'An act to incorporate the
city of Olean. ' ' '

Senate bill, Introductory No. 1101, Printed No. 1263,
entitled ^ . . ; • . ;

"An act to ratify, confirm and legalize the pro-
ceedings of the city of Lackawanna, in the county
of Erie, state of New York, of the paving of South
Park avenue, and the Hamburg turnpike in said
city and for the issuance and sale of bonds of said
city to pay for the paving of said South Park
avenue and Hamburg, turnpike, and to provide for
the payment of said bonds. ' '

(Signed) WM. SULZER

, , Veto Messages 301

Relative to the Condemnation of Real Property for, the
Palisades Interstate Park

State op New York — Executive Chambeb

Albany, May 31, 1913

Memorandum filed with Senate bill, Introductory
No. 86, Printfed No. 2134, entitled

"An act to amend chapter one hundred and
seventy of the law? of nineteen hundred, entitled
'An act to provide for the selection, location, ap-
propriation ahd managendeht; of certain lands
along the ;|)a:lisades of the Hudson river for an
interstate park, and thereby to preserve the scen-
! ery of the palisades,' generally.';'! , ; >:! .

Not ' AppiibvED ' '

After careful consideration of this bill, I deem that
there is no sufficient or substantial reasbn for any de-
parture from the uniform rules for the condemnation
of real property, taken for public purposes in other
cases. '■■-

The general act relating to the .Palisades Interstate
Park, which this bill seeks to amend, provides a method
for the condemnation of real property, necessary for
the purposes of such Interstate Park, and I am con-
vinced that my failure to approve this measure, will in
no way interfere" with the park 'project.

This bill is disapproved.' : ■

'i^, ' (Signed) WM.,S¥LZEB.

302 Public Papees of Governor Sulzer

Items of Appropriation Objected to Contained in Bill
for Constructions, Improvement, Repairs and Equip-
ment at the Various State Hospitals, the Other Por-
tions of Which Bill -Were Approved

State of New York — : Executive Chamber

AxiBANY, June 2, 1913

Mbmobandum filed with Assembly bill No. 2780
(Senate Eeprint No. 2522), entitled

"An act making appropriations for construc-
tions, improvements, repairs and equipments at
various state institutions."

Statement of items of appropriations of money con-
tained in said bill which are severally objected to, to-
wit:

Binghamton State Hospital
Page 2, lines 3 and 4 :

" For additional boilers, twenty-two thousand
dollars" ($22,000);

Page 2, lines 5 and 6:

" For additional heat, Broadmoor, four thoil-
' sand dollars " ($4,000).

Buffalo State Hospital
Page 2, lines 10, 11 and 12 :

' ' For new verandas for two three-story build-
ings,, men's wards; two three-story buildings,
women's wards, twenty thousand dollars "
($20,000) ;

Veto Messages 303

Page 2, lines 13 and 14 :

"For coal conveyor, including motors, erection
and changing railroad switch, five thousand dol-
lars" ($5,000);

Page 2, lines 15 and 16:

; "For addition to nurses' home for about eigh-
teen rooms, twenty-five thousand dollars " ($25,-
000) ;

Page 2, line 17 :

■ ' i '

" For root, cellar, two thousand two hundred
dollars " ($2,200);

Page 2, lines 22 and 23 :

' ' For addition to male employees ' home, twenty
thousand dollars " ($20,000).

Central Islip State Hospital
Page 2, lines 25, 26 and 27 :' • ; - 1 . ^

" For conduit and steam line from north colony
boiler house to 'groups D, E and F, twenty-five
thousand dollars " ($25,000). ,,

Qowanda State Homeopathic Hospital
Page 3, lines 10 and 11 :

" For mortuary and laboratory building and
equipment^, ten thousand dollars';' ($10,000).

Hudson River State Hospital
Page 3, lines 16, 17 and 18 :

" For changes, renewals and alterations in
plumbing and in hydrotherapeutic rooms, five
thousand five hundred dollars " ($5,500) ;

304 Public Papers of Gotbrnoe Sulzek

Page 3, line 19 :

' ' For general painting, two thousand dollars ' '
($2,,000) ;

Page a, lines 20 and 21 :

" For repairing of cottages and new distribut-
ing boards, three thousand five hundred 'dollars "
($3,500);

Page 3, lines 22 and 23: "•'

" For repairing nurses' cottage, central group,
four thousand dollars " ($4,000) ;

Page 3, lines 24 and 25:

" For general repairs to cottages, seven thou-
sand dollars" ($7,D00)-;

Page 3, lines 26 and 27 :

" For renewal of trim, disturbed wards, three
thousand dollars " ($3,000).

Kings Park State Hospital
Page 4, lines 4 and b:

",Fqe. screening windows and doors, two thou-
sand dollars " ($2,b00) ; ,

Page 4, line 9 :

"' For painting, two thousand dollars " ($2j000).

Long Island, State Hpspital
Page 4, line,. 14:

" For laundry building, twenty-five thousand
dollars*" ($25,000). : ,.,

Veto Messages 305

Manhattan State Hospital
Page 4, lines 16 and 17 :

'* For additional accommodations for male em-
ployees, one hundred thousand dollars" ($100,-

Page 4, line 18 :

" For additional furniture, five thousand dol-
lars " ($5,000):

Page 4, lines 19 and 20 :

' * For fireproof vault for storage of medical
records, five thp^sand, pilars," ($p,000) ;

Page 4, lines 21 and 22 : ' ''

" For connecting four kitchens with cold stor-
age plant, two thousand five hundred dollars ' '
($2,500) ;

Page 4, line 23 : '"■ ' '

" For fire alarm system, ten thousand dollars "
($10,000).

Middletown State Hospital
Page 5, lines 2 and 3 :

' ' For laboratory and mortuary building, ten
thousand dollars " ($10,000) '•'' ' ' '

Page 5, line 8:

( "For dairy herd, three ithop,sand < <io,llars "
($3,000) ;

Page 5, lines 9 and 10 :

"For equipmerit of power plant, one hundred
' fifty thousand dollars' ' ' ($150.000) .

306 Public Papers op Govbenok Sulzee

Mokansic State Hospital'
Page 5, lines 12 to 20 inclusive :

' ' For CQntinuatio;a of work on the Mohansic
state hospital, including buildings equipment,
water supply and sewage disposal, development
of farm completion and equipment of railway spur
and trestle, power plant and other service build-
ings and quarters for patients and employees, five
hundred thousand dollars, of which three hundred
thousand dollars shall be made available duripg
nineteen hundred and thirteen " ($300,000).

Rochester State Hospital
Page 6, lines 3 and 4:

' ' For additional furniture, two thousand five
hundred dollars " ($2,500) ;

Page 6, line 5 :

' ' For ice house, two thousand five hundred
dollars." ($2,500); /".

Page 6, line 6: ,' ^ ^

" For painting, one thousand five hundred dol-
lars " ($1,500). ^•

.^, ^^^ ,.Saint Lawrence State Hospital ,.
Page 6, lines 10, 11 'and 12: , "

" For addition to piggery, including slaughter
house, also rooms for employees and equij)ment,
two thousand five hundred dollars " ($2,500).

Utica State Hospital
Page 6, lines 18 to 21, inclusive.;

" For continuation of wQrk on Marcy site, in-
cluding remodeling of farm buildings and opera-

Veto Messages 307

tions of the farm, including necessary equipment,
twenty-five thousand ''dollars '' ($25,000).';

Page 6, line 22 :

" For mortuary and laboratory, ten thousand
dpll^F?"X$10,000.)..

Willard State Hospital
Page 6, lines 24 and 25 :

" For water Alteration plant; forty-seven thou-
sand five hundred dollars " ($47,500).

Mattewan Hospital for Criminal Insane.
Page ,7, line 5 :

''..For new boilers, nine thousand dollars"
($9,000) ;

Page 7, lines 6, ,7 and 8 :

" For dining room and kitchen for women's
building now under construction, twenty -five thou-
sand dollars " ($25,000);

Page 7, line 9 :

' ' For new artesian well, two thousand dollars ' '
($2^000). ■ '

I have carefully examined all of the items of appro-
priation contained in this bill, and I object to those
above stated, for the reason that I consider them
unnecessary expenditures for this year.

(Signed) WM. SULZEE

308 Public Papees qf Govebnok Stjlzek

Items of Appropriation Objected to Contained in Bill
for Constructions, Improvement, Repairs and Equip-
ment at Various State Institutions, the Other Por-
tions of Which Bill Were Approved.

State of New Yokk — Executive Chambeb

Albany, June 2, 1913

Memoeandum filed with Senate Mil, Introductory-
No. 182'8, Printed No. '2471, entitled

"An act making appropriations for construc-
tions, improvements, repairs and equipment at
various state institutions. ' '

Statement of items of appropriations of inoney con-
tained in said bill wMch are severally objected to,
to wit: ' ^

Western House of Refuge for Women, Albion

Page 2, lines 5 and 6 :

" For fireproof garage for storage of paints,
two hundred and fifty dollars " ($250) ;

Page 2, lines 11 and. 12 :

" For additional appropriation for stairway
approach to gymnasium, seven hundred dollars "

($700); , , '• ■;■-;', ; ■ '■;'

Page 2, line 14 :

" For repairs to buildings, one thousand dol-
lars " ($1,000). ;

New York State Reformatory for Women, Bedford

Page 3, lines 9 and 10 :

" Repairs and equipment, extraordinary, three
thousand dollars " ($3,000).

Veto Messages 309

New York State Training School for Girls., Hudson

. Pages, line 24:

"For a tuberculosis group, fifteen thousand
dollars" ($15,000) ;

Page 4, lines 6 and 7 :

i "For new equipment and extraordinary re-
pairs, four thousand dollars " ($4,000) ;

Page 4, lines 12 and 13 :

" For a building for paint and oil storage, two
hundred dollars " ($200) ;

Page 4, line 14:

"For a watchman's room, one hundred dol-
lars " ($100).

New York State Soldiers' and Sailors' Home, Bath

Page 4, lines 16 and 17 :

' ' For addition to piggery, one thousand and
fifty dollars " ($1,060);' '

Page 4, lines 18 and 19 :

"For addition to vegetable cellar, thirty-six
feet by sixty-two feet, three thqusand three hun-
dred and fifty dollars ' ' ($3,350) ;

Page 4, lines 23 and 24:

" For repairing three ponds in cemetery, five
hundred dollars " ($500) ;

Page 4, lines 25 and 26 :

" For regrading old sections A, B, C, D, and E,
in cemetery, five hundred dollars " ($500).

310 Public Papers of Govbbnoe Sxjlzek

New York State Reformatory, Elmira

Page 5, line 2 :

' ' For extraordinary repairs, six thousand dol-
lars " ($6,000);

Page 5, line 3 :

" For rental of coal trestle, five hundred dol-
lars " ($500).

State Agricultural and Industrial School, Industry

Page 5, line 12 :

" Eepairs to buildings, two thousand dollars "
($2,000) ;

Page 5, line 13 :

' ' For roa(Js and walks, three thousand dollars ' '
($3,000).

Thomas Indian School, Iroquois

Page 5, lines 18 to 23, inclusive :

"For constructing corridors between the ad-
ministration building and dining hall, between
dining hall and dormitory number one, and be-
tween dormitory number one and dormitory num-
ber two ; and between dormitory number two and
school building, ten thousand dollars " ($10,000).

Eastern New York Reformatory, Napanoch
Page 6, line 7 :

* ' For extraordinary repairs, three thousand
dollars " ($3,000).

Veto Messages 311

New York State Custodial Asylum for Feehle-Minded
., Women, Newark

Page 6, lines 20 and 21 :

' * For extraordinary repairs, three thousand
five hundred dollars " ($3,500).

New York State Woman's Relief, Corps Home, Oxford

' Page 7, lines 4 and 5 :

" For garbage house and hose cart room, four

hundred and fifty dollars " ($450) ;

- , . '■ * * , ■
Page 7, lines 9 and 10;

" For fruit, shade and ornamental trees and
care of lawns and grounds, six hundred dollars "
• ($600).

New York State Hospital for the Treatment .of
Incipient Pulmonary Tuberculosis, Ray Brook

Page 8, lines 1 and 2:

" For grading about new east and west wings
and ne^, employees 'building, three, thousand dol-
lars" ($3,000). ' '' '. '. '

Rome State Custodial Asylum, Rome

Page 8, lines 12 and 13:

' ' Extraordinary repairs, two • thousand five
hundred dollars 'V ($2,500).

Letchford Village, Thiells

Page 9, lines 14, 15 and 16 :

" For purchase of machinery, horses, cows,
wagons, oxen and farm tools and implements,
four thousand dollars " ($4,000) ;

312 Public Papers of Goveenoe Sulzee

Page 9, line 19:

' ' For extraordinary repairs, five thousand

dollars " ($5,000). - . :'.

New York State Hospital, for .th§,C(ire of , Crippled
and Deformed Children, West Haverstraw

Pkge 10, lines 3 and 4 : '

' ' For walks connecting various buUdings, one
thousand dollar^ " ($1,000).

New Yorlc State Training School for Boys, Yorktown

Heights

Page 10, lines 23 and 24:

' ' For farm stock, equipment, tools, seeds, fertil-
izer, et cetera, three thousand dollars " ($3,000) ;

Page 11, lines 8 and 9 : '

" For a fire-proof building for employees, fifty
thousand dollars " ($50,000) ;

Pa^e 11; line 10 :

"For industrial buildings, fifty thousand dol-
lars " ($50,000). '

I have carefully examined aU of the items of appro-
priation contained .in this bill, and I object to those
above stated, for the reason that I consider them Un-
necessary expenditures for this year.

(Signed) WM. StJLZER

Veto Messages 313

Amending Penal Law in Relation to Labor of More than
Six Days in Any One Week

State of New Yobk — Exbctjtivb Chambee »

Albany, June 2, 1913

Memorandum filed with., iAssembly bill, Introfliictory
No. 1778 (Senate Reprint No. 2019), entitled

"An act to amend the penal law in relation to
labor of more than, six days in any one week."

Not Approved

On May 26, 1913, I approved as chapter 740 of the
Laws of 1913, Assembly ^aill. Introductory No. 1198
(Senate Eeprint No. 2081), being an act to promote
the public health by amending the Labor Law in rela-
tion to labor of more than six days in any week.

The measure now before me is not approved as its
purpose i^ already accomplished by chapter 349 of the
Laws of 1913> which I, approved on April 22, 1913,
pursuant to whiqh adequate criminal punishment is
provided " any person who violates, or does not com-
ply with any provision of the Labor Law. ' '

For the foregoing reason, I disapprove this bill.

(Signed) WM. SULZER

Omnibus Veto Number 1

State of New York- — Exbcxjtive Chamber
' " Albany, May 17, 1913

The bills appended hereto are disapproved for the
reason that they are duplicates,, unnecessary, defec-
tively drawn, embraced in or in conflict with bills al-

314 Public Papees op Goveknok Sulzbe

ready disposed of, unconstitutional, for purposes
which can be suitably accomplished under general
laws, or which should be provided for, if at all, by
amendments to the general law, the purposes con-
tained in the bills can be or should be accomplished
under the Home Eule Law for Cities, in violation of
the principal of Home Rule, Or objectionable and in-
advisable by reason of proposed changes, or in conflict
with approved state policy.

(Signed) WM. SULZER

Assembly bill. Introductory No. 1444, Printed No.
2590, entitled :

"An act to amend the prison law in relation to
pardons. ' '

Senate bill, Introductory No. 931, Printed No. 1047,
entitled :

"An act authorizing the justices of the city
court of the city of New York to retire employees
thereof for incapacity and providing for their
compensation upon such retirement."

Senate bill. Introductory No. 829, Printed No. 919,
entitled :

"An act to amend the tenement house law in
relation to yards."

Senate bill. Introductory No. 1398, Printed No. 1667,
entitled :

"An act to amend the code of criminal proced-
ure in relation to compensation of counsel upon
appeals to the court of appeals where the judg-
ment is of death."

Veto . Messages 315

Assembly bill, Introductory No. 1819, Printed No.
2084, entitled:

"An act to amend chapter four hundred and
sixty-five of. the Jaws of nineteen hundred and
ten, entitled 'An act to permit the city of Pough-
keepsie to establish, equip and maintain a tuber-
culosis hospital, and to permit the county of
Dutchess to make appropriations therefor,'
generally. ' '

Assembly bill, Introductory No. 1886, Printed No.
2186, entitled :

"An act in relation to authorizing the comp-
troller to audit and pay the assessment levied
upon state propei'ty located in the city of New-
burgh, for the construction of a sewer in the
street upon which the said property is located."

Assembly bill, Introductory No. 1347, Printed No.
1462^ entitled: '

"An act to amend chapter two hundred and
nineteen of the laws of nineteen hundred and nine,
entitled 'An act in relation to transportation cor-
porations, excepting railroads, constituting chap-
ter §ixty-three of the consolidated laws, ' in rela-
tion to electric light, heat and power companies. ' '

Assembly bill. Introductory No. 135, Printed No.
1880, entitled:,...

"An act to amend the county law in relation
to limitations of credit of towns and counties. ' '

Senate bill, Introductory No. 1288, Printed No. 2378,
entitled: i

"An act to amend the code of civil procedure,
in relation to notice of certain sales of real
property. "

316 Public PapBes of GoviiBTsroK Stjlzek

Assembly bill, Introductory No. 1148, Printed No.
1227, entitled :

"An act to amend the code of civil procedure,
in relation to persons who may not act as attorney
in a justice's court."

Assembly bill, Introductory No. 2066, Printed No.
2426, entitled : ,, ' _ .. , ' ,

"An act to amend the code of civil procedure,
in relation to jurisdiction of the board of claims."

Senate bill. Introductory No. 1613, Printed No, 2034,
entitled :

' ' An act to amend the civil service law, in rela-
tion to the legal expenses of veterans and volun-
teer firemen reinstated by order of the courts. ' '

Senate bill. Introductory No. 539, Printed No. 980,
entitled:

"An act to amend the election law, in relation
to the assistance of blind voters in the, prepara-
tion of their ballots. ' '

Senate bill, Introductory No. 1510, Printed No. 2469,
entitled :

"An act to amend the tax law, in relation to the
salary of stenographer in the county of New
York." ,

Assembly bill. Introductory No. 2006, Printed No.
2331, entitled: i ! -,

"An act to amend the public health law, in re-
lation to dental lipejases."

Senate bill, Introductory No. 1272, Printed No. 2105,
entitled: ! ; , ,,i

"An act creating and prescribing the powers
and duties of a commission to inquire into the

Veto Messages 317

necessity for the construction of a sewerage sys-
tem for that part of Westchester county adjacent
to ' Long Island sound and embriaced within the
territorial limits of the towns of Rye, Harrison,
Mamaroneck, that portion of the towns of White
Plains and Pelham not included within the limits
of the Bronx valley sewer district and the city of
New Bochelle, by the exercise of powers vested in
the State,; and providing for the payment of the
expenses of such commission."

Senate bill. Introductory No, 888, Printed No. 1737,
entitled: ;

"An act to amend chapter three hundred of
the laws of nineteen hundred and four, entitled
'An act to revise and consolidate the several acts
relative to the city of Niagara Falls,' relative to
the lighting of streets and the providing of im-
proved systems of street lighting. ' '

Assembly bill. Introductory No. 1344, Printed No.
1450, entitled: '

"An act to amend chapter three hundred of
the laws of nineteen hundred and four, entitled
'An act to revise' and consolidate the several acts
relative to the city of Niagara Falls,' as amended
by providing for greater duties and powers of
the board of grade crossing commissioners of said
city."

Assembly bill, Introductory No. 1303, Printed No.
1413,: entitled :, , ■ , / , i , , i ' ■ : ' : '

"An act transferring Hopkins street in the city
of Buffalo from the jurisdiction and qpntrol of
the common council to the jurisdiction of said
city."

318 Public Papeks of G-oyEKNOB Sulzer

Assembly bill, Introductory No. 1851, Printed No.
2116, entitled:

"An act to amend the Greater New York char-
terj in relation to coroner's physicians, and re-
pealing certain sections of chapter four hundred
and ten of the laws of eighteen hundred and
eighty-two in reference thereto." '-'■

Assembly bill, Introductory No. 1515, Printed No.
1673 (Senate Reprint No. 1957), entitled:

"An act to amend chapter eight hundred and
eighty-seven of the laws of nineteen hundred and
eleven, entitled 'An act authorizing the board of
aldermen of the city of New York to audit, allow
and certify to the comptroller for payment, as
charges against said city, the reasonable expenses
for medical and surgical treatment and mainte-
nance of the mayor or other officer or employee of
the city of New York for gunshot wounds or per-
sonal injuries, and authorizing the comptroller to
audit and pay such charges, ' in relation to extend-
ing the provisions of such chapter to county and
borough officers."

Senate bill. Introductory No. 1031, Printed No. 1158,
entitled :

"An act to amend the Greater New York
charter, in relation to a retirement fund for the
supervising and teaching staff of the normal
college." ,,

Assembly bill, Introductory No. 1725, Printed No.
2694, entitled :

"An act to amend the Greater New York
charter, in relation to receiving bids for the col-
lege of the city of New York."

Veto Messages 319

Senate bill, Introductory No. 1433, Printed No. 2137,
entitled :

"An act to amend the Greater New York
charter, in relation to the employment of inmates
in correctional. institutions. ' '

Senate bill. Introductory No. 1321, Printed No. 2237,
entitled :

"An act to amend the Greater New York
charter, in relation to the uniformed force of the
fire department."

Assembly bill, Introductory No. 1941, Printed No.
2244, entitled V

' ' An act to amend chapter two hundred and
eighty of the laws of nineteen hundred and twelve,
entitled 'An act to authorize the city of Buffalo to
issue its bonds for the purpose of raising money
to construct, extend and regulate its system of
Avater works, and to reimburse the new construc-
tion account, bureau of water, for disbursements
made for district mains, valves, hydrants, meters
and tools, since the thirtieth day of June, nineteen
liundred and seven/ providing for bond issues for
such purposes from year to year, and relating to
the rate of interest and place of payment. ' '

Senate, bill, Introductory No. 1614, Printed No. 2036,
entitled :

"An act to further amend chapter one hundred
and ;five of the laws of eighteen h,undred and
ninety-one, entitled 'An act to revise the charter
of the city of Buffalo,' as amended by chapter
three hundred and eighty-four of the laws of nine-
teen hundred and nine in regard to the remedy

320 Public Papijes of GoyjipjiroE Stilzer

for purchasers of laji^ within the city at city and
county tax sales. ' '

Senate bill, Introductory No. 295, Printed No. 302,
entitled:

"An act to amend chaptier seven hundred and
sixty of the laws of eighteen hundred and ninety-
seven, as amended, entitled 'An act to revise the
charter of the city of Watertown. ' ' '

Senate bill. Introductory No. 1682, Printed No. 2130,
entitled :

"An act to authorize the city of Ggdensburg to
borrow the sum of fifty-six thousand dollars for
local improvements and to issue its bonds there-
for,, and to provide for the payment of the interest
and principal of said bonds. ' '

Assembly bill, Introductory No. 553, Printed No.
572 (Senate Reprint No. 2271), entitled:

"An act to provide a recreation pier and casino
on Buffalo park property for the people of the
city of Buffalo."

Assembly bill, Introductory. No. 1001, Printed No.
1942, entitled :

"An act to amend chapter fiv*, hundred and
ninety-three of the laws of nineteen hundred and
five, entitled 'An act to revise the charter of the
city of Johnstown,' in relation to the police de-
partment and city officers."

Senate bill. Introductory, No. 13, Printed No. 13
(Assembly Reprint No. 2783), entitled:

"An act to amend the banking law, in relation
to the issuance and sale of profit sharing sayings
bonds."

Veto Messages 321

- Senate bifl, IntiK)duetory No. 1534, Printed No. 1898,
entitled :

^ 'An act to lamend, the insurance law, in relation
to life or casiiaity insuran<» corporations upon
the oo-operative or assessment plan, and the
agents thereof."

As'sepiibij l)ill, Introductory No. 849, Printed No.
1676, entitled:

"An act. to amend the couservatiotn law, in rela-
tion to hioolfing suckers tiirea^ the icse.,"

Assembly bill, Introductory No. 1774, Printed No.
2551 (Senate Reprint No. 2235), entitled: *'

".An act to amend ttii6 general city law, in rela-
tion to powers of cities in respect to providing
moneys for certain purposes."

Senate bill, Introductory No. 165,^ Printed No. 2094,
entitled: " •,

"An act designating as a public holiday in the
city of Buffalo, the fourth day of Septerfaber, nine-
teen hundred and thirteen, being the day of the
parade in celebration of the one-hundredth anni-
versary of the battle of Lake Erie."

Assembly bill, Introductory No. 20O7, Printed No.
2332, entitled :

"An apt to amend the conseryatipn law, in rela-
tion t(0 fish in certain waters of Warren county. ' '

Senate bill^jlntroductory NiO. 16Q3, Printed No, ^14,
entitled:

"An act to amend the conservation law, in rela-
tion to the open season for pheasants. "
11

322 Public Papers of Goveekor Sulzee

Assembly bill, Introductoiy No. 83, Printed No. 83,
entitled :

"An act to amend chapter three hundred and
ninety-two of the laws of eighteen hundred and
ninety-six, entitled 'An act to regulate the com-
mitment and discharge of certain prisoners,
tramps and vagrants in Richmond county, and to
prescribe the effect thereof, to provide for the sup-
port of prisoners in the jail in the county of Eich-
inond, and to fix the duties and compensation of
the sheriff of said county and of certain employees
of the jail of said county,' in relation to the sala-
ries of appointees by the sheriff."

Senate bill,. Introductory No. 407, Printed No. 428,
entitled :

"An act to amend the penal law, in relation to
trademarks."

Senate bill. Introductory No. 1071, Printed No. 1330,
entitled :

"An act to provide for the transfer of the
exempt fund held by the Watertown exempt fire
department to the general fund of said depart-
ment. ' '

Assembly bill, Introductory No. 2013, Printed No.
2364, entitled:

' ' An act to authorize the Governor to place on
the supernumerary list of the national guard,
George W. Bishop, formerly a captain therein."

Assembly bill, Introductory No. 1904, Printed No.
2319, entitled:

"An act for the relief of James Delehanty, a
former member of the national guard of this
state."

Veto Messages 323

Assembly bill, Introductory No. 230, Printed No.
233, entitled :

"An act for the relief of Mary Jane Fowler,
mother of Thomas Fowler, late private in Conf-
pany A, Sixty-fifth regiment, of the national
guard. ' '

Senate bill, Introductory No. 1013, Printed No. 2272,
entitled :

"An act to amend the insurance law, relative to
the merger or consolidation of certain corpora-
tions."

Assembly bill. Introductory No. 124, Printed No.
124, entitled :

* 'An act to amend the railroad law, in relation to
the fare chargeable on certain railroads operating
between Flatbush avenue and Manhattan crossing
in Kings county. ' '

Assembly bill, Introductory No. 1456, Printed No.
1612 (Senate Reprint No. 2498), entitled:

"An act to amend the insurance law, in relation
to standard provisions for certain casualty poli-
cies."

Assembly bill. Introductory No. 1564, Printed No.
175/7, entitled :

"An act to amend the town law, in relation to
sewer commissioners, their subordinates and ex-
penses. ' '

Assembly bill. Introductory No. 1380, Printed No.
2215, entitled:

"An act to amend the town law, in regard to the
constitution and regular meeting of the town
board. ' '

324 Public Papeks op Ctoveenoe Sxjlzee

Asaemblj bill, Inti;oduetor}f No. r2101, Printed No.
2483, entitled :

"An act to! amend the real property law, in rela-
tion to the persons before, whom gicknowledgments
and proofs within the state naayi be taken."

Senate bill, Introductory No. 1710, Printed No. 2193,
entitled: ,: : \

' ' An act legalizing certain proceedings of the
board of assessors of the towH. of Ohio, in the
coimty of Herkimer, in. verifying the assessment-
rolls for the years nineteen hundred aikd:^ve,
nineteen hundred and six, and nineteen hundred
and eight." ' ■ - /.

Senate biU, Introductory No. 1257, Printed^ No, 1447,
entitled:,

"An, act to legalize, ratify a,nd,' coafij^m th^, acts
and proceedings of the town of, I^'rankf ort ia the
county of Herkimer, and of its electors, officers
and agents, in relation to the issuance and sale
of town obligations for additional highway con-
struction and validating such bonds and provid-
ing for their payment. ' '

Assembly bill, Introductory No. 917, Printed No.
861, entitled: ' ; ;,; , ,, , /

' ' An act to legalize and confirm the aets of the
town board ed Shelter Island in respect to the
purchase and maintenance of a certain dock
therein. "

Senate bill, Introductory No. 1227, Printed No. 1417,
entitled:

'< "An act to authorize the board of SMpervisors
of Westehester county to issue boaids of the county

Veto Messages 325

to make available money to be paM by the towns
of Mount Pleasant, New Castle and North Castle
for ;.the building of the Chrystal spring, Chap-
paqua and MillwoQ^i road nuu^laer .one thousand
: &Bid, ftEteei)*, aikd to provide if or the issue of bonds
of said towBSi ,for their r^spectiii^e shares. ' '

Senate Mil, Introductory No. 1103, Printed No.. 1265,
entitled:

"An act to amend chapter three hundred and
ninety-one of &e laws of nineteen hundred and
twelve, entitled 'An act to provide a water supply
for the t«»wii of Waterford, Saratoga ceunty, and
its inhabitants,' in relation to vacanciesi and ap-
pointment of commissioners. "

Assembly bill. Introductory No. 1655, Priiited No.
26612,^ entiled:' - ' '■ ' -■ ' ^

"An act to amend the town law, in relation to
leasing- of building by town board fpr jusitices of
the peace. ' '

Assembly bill. Introductory No. 1656, Printed No.
2601, entitled :

"An act to amend the town law, in relation to
compensation of town officers. " - :

^Senate bill, Introductory ISTo. 1173, Printed No. 1358,
entitled:

"An apt. toi autho^rize the comptroller of the
state of New York to herein deternaine the .appli-
eation. of the owners of certain lands in Kings
county for cancellation of a tax sale upon paying
the amount charged against the same."

326 Public Papers of Goveenoe Sulzee

Senate bill, Introductory No. 358, Printed No. 2086,
entitled :

"An act to amend the insurance law, in relation
to the creation of mutual companies to insure
employers against loss, damage or compensation
resulting from injuries suffered by employees of
other persons, for which the person insured is
liable."

Assembly bill. Introductory No. 421, Printed No.
423 (Senate Eeprint No. 2374), entitled:

"An act to amend the lien law, in relation to
the refiling of chattel mortgages and the entry
thereof."

Assembly bill. Introductory No. 1920, Printed No.
2568, entitled :

"An act to amend the judiciary law, in relation
to the temporary appointment of interpreters. ' '

Assembly bill. Introductory No. 1755, Printed No.
2733, entitled :

"An act to amend the conservation law gen-
erally, in relation to lands, forests and public
parks."

Assembly bill. Introductory No. 1460, Printed No.
1984, entitled:

"An act to amend the conservation law, in rela-
tion to the taking of hares and rabbits in the coun-
ties of Schuyler, Tompkins, Columbia, Livingston,
Oswego and Steuben."

(Signed) WM. SULZEE

Veto Messages 327

Omnibus Veto Number 2

State of New Yokk — Executive ChaMbeb

Albany, May 24, 1913*

The bills appended hereto are disapproved for the
reason that they are duplicates, unnecessary, defec-
tively drawn, embraced in or in conflict with bills al-
ready disposed of, unconstitutional, for purposes
which can be suitably accomplished under general-
laws, or which should be provided for, if at all, by
amendments to the general law, the purposes con-
tained in the bills can be or should be accomplished
und^r the Home Rule Law for Cities, in violation of
the principal of Home Rule, no available funds, or
objectionable and inadvisable by reason of proposed
changes, or in conflict with apprtived state policy.

(Signed) WM. SULZER

Senate bill, Introductory No. 555, Printed No. 596,
entitled :

"An act to amend the real property law, in re-
lation to cemetery lands."

Assembly bill. Introductory No. 749, Printed No.
778, entitled :

"An act to amend the real property law, in
relation to cemetery lands."

Senate bill. Introductory No. 1355, Printed No. 1600,
entitled :

"An act to empower the board of claims to
determine and approve the claims of the deposit-
ors and creditors of the Union Bank of Brooklyn."

328 Public Papebs of Goveenoe Sulzbb

Assembly bill, Introductory No. 1547, Printed No.
1720, entitled: " ■

"An act to amend the railroad law, in relation
to extending the time within which a railroad may
be coTistracted where there has been a receiver in
<jertain xsijtieg. "

Assembly bill, fetrodnctory No. 15/62 (Senate Re-
print No. 2349) , entitled :

'•'An act to amend the tax law, in relation to
the appoiTitnie'Qt of transfer tax appraisers, ste-
nographers and clerts. "

: Assembly bill, Introductory IJp. 2^9 (Senate Ee-
print No. 2415'), entitled:

"An a»t to amend the railr<>ad law, in r-elatLoia

to the diverting of carload shipments of ■coal and

providing a penalty therefor. " ,

Sen-ate billj, Imtrodupitory No. 473, Printed No. 494,
entitled:

■" An , act to legalize oojiveyanoeis upon tax sales
in the county of Cayuga and proceedings affeetiaag
such sales and conveyances.''

Senate bill, Introductory No. 180, PriiatBd No. 1219,
entitled. :

"An act to amend the town laW, In relation to
the compensation of assessors. "

Assembly bill. Introductory No. 105, P'rinted No.
2741, entitled:

"An aeit to amend the town law, in reiatioa to
the compensation of town officers."

Assembly bill, IntroductoTy-iNo. 1227, Printed No.
2674, entitled.: '

''An act to amend the tax law, in relation to
equalization by boards of supervisors."

Veto Mxssages • 329

Assembly foill^ Introdmetory No. 1758^ Printed No.
1999, entitled :

"An act :to anuend tte state fiaaiance law, in
relation, to the siirpeTvision and sale of lands."

Seaate bill, latrodiMtoary No. ,1642, Printed No. 2422,
entitled :

"An act to amend the judiciary law, in relation
to the retirement of eaaaployees hy :the court of
appeals. ' '

Assembly bill, Introductory No. 645, Printed No.
2499, entitled:

/'An act to amend chapter one hundred and
seventeeit of the' laws of eighteen hundred and
ninety-seven entitled 'An act to maie the office
of sheriff of "Washington county a salaried office,
and regiilating the management of said office.' "

Assembly bill. Introductory No. 1832, Printed No.
2506, entiifed:"'" ^ • ■'•- '■''• ''' ' ' '

"An act providing additional requirements in
ihb preparation o-f assessment rolls for the town-
ships in the county of Westehester and' also pro-
viding for, th^ cftUection, of taxes, aiftdL, providing
for authorizing the sale of land for the nonpay-
ment of taxes and for ihe collection of unpaid
taxes in the several towns of the county of West-
chester."

Assenibly bill, Introductory No. 682, Printed No.
TOSi, entrttedr ' "'■' ""'' ' '"'''" ''''[''

' ' An act to authorize the reinstatement of David
Heilfert^ as cotfrt atte^ndant of <he court of gen-
eral sessioiis of the- peace in the city and county
of New ¥01*.'"

330 PuBtiic Papees of Goveknoe Sulzee

Senate bill, Introductory No. 1452, Printed No. 2033,
entitled :

"An act to amend the legislative law, in rela-
tion to the legislative bill drafting commission."

Assembly bill, Introductory No. lOiSl, Printed No.
1154, entitled :

"An act to amend the labor law, in relation to
the employment of children after school."

Assembly bill, Introductory No. 1104, Printed No.
1183, entitled:

' ' An act to authorize the board of clainas to hear,
audit and determine the claims of Louise B. Hill,
Eowland F. Hill, Jr., George P. Hill, and Mary
Louise Hill, legal representatives and successors
in interest of Rowland F. Hill, deceased, against
the State of New York."

Assembly bill. Introductory No. 1130 (Senate Ee-
print No. 2329), entitled:

"An act to amend the charter of the city of
Gloversville, generally."

Senate bill. Introductory No. 46, Printed No. 46, en-
titled:

"An act to amend the general business law in
relation tb track scales for weighing, carload
freight. ' '

Senate bill. Introductory No. 1012, Printed No. 1139,
entitled :

"An act making appropriations for fire protec-
tion for the state institutions reporting to the
fiscal supervisor of state charities."

Veto Messages 331

Senate bill, Introductory No. 1426, Printed No. 1707,
entitled :

"An act making an appropriation for the
state's proportion of the amounts appropriated
for the repair of highways, pursuant to sections
ninety and ninety-three of the highway law, and to
provide funds for complying with the require-
ments of section one kundred and fifty-nine of the
highway law. ' '

Senate bill. Introductory No. 867, Printed No. 3242,
entitled :

"An act to provide for the payment by the
state of the claim of Michael 0 'Sullivan against
the Brooklyn Heights Railroad Company, for ma-
terials furnished and services rendered, together
with interest and costs, and asking an appropria-
tion therefor."

Assembly bill, Introductory No. 2047, Printed No.
2407, entitled:

"An act relative to the expenditure of moneys
heretofore appropriated for the construction and
improvement of certain state highways."

Assembly bill, Introductory No. 2222, Printed No.
2816, entitled:

"An act making an appropriation for highway
improvement purposes."

Senate bill. Introductory No. 864, Printed No. 2305,
entitled :

"An act to provide for the construction of a
bridge over the Genesee river at or near Portage,
in Letchworth Park, and making an appropriation
therefor. ' '

332 Public Papees of Goveknok Sulzek

Seiiate bill, Introductory No. 800', Printed No, 8S5,
entitled :

"An act authorizing tli« selection of lands as
cites for tke New York State Custodial Asylum
for Feeble-Mlnded Male Delinquents and for a
piaoe of detention and observation in oonneetion
therewith; providing for ihe ■ future acqwieition of
smch lands and: the establi'steient of sneh asylum
and making an appropriation for the purposes of
this act."

Senate bill, Introductory No. 16, Printed No. W,
entitled :

"An act to provide for the 'eompietion of a dyke
or dykes for the protection of prope-rty adjacent
to the Delaware river inSWie town of Highland, in
the county of Sullivan^ and making an app!X)pria-
tion therefor."

Assembly hill, Introductory No. 321, Printed Mo.
3135, entitled:

"An act to provide for tlie improvement of the
Black Mver canal north of BbUnville and for the
repair of the structures thereof; and rtiaking an
appropriation therefor," i

Senate bill, Introductory No. 1443, Printed No. 2169,
entitled: ^'nu^^vu^^u: ^ ■ ^

' ' An act to provide for the construction of a
bridge over the C5haiHj)laan <5ainal at the village ipf
Fort Edward, in the county of Washingt(>iaij and
making an ,apprppriatioii therefjsr,"

Assembly bill. Introductory No. 1127, Printed No.
1206, entitled :

Veto Messages 333

"An act to amend ehaipter fliree liuiidred and
seventy of the laws of eighteen .hundred and
niiaety-fiv^t, . estitled 'An £w>t in relatipn to the
pubUe, school^ in the -city of Elniira,' xehimg to
deposits of school money with the city chamber-
lain."

Assembly bill, Introductory No. 1360, Printed No.
1485, entitled: '

i,., "An act to amend the -Greater New York
charter, with respect to the construction of tun-
nels and shafts and the erection, installktion and
operation of elevators and escalators connecting
pnblie streets and places."

Assembly bill, Introductory No. 1820, Printed No.
2779,' entitled 1 ''

"An\a.ct to amend chaptier four hundred and
twenty-five of the laws of eighteen hundred and
ninety-six, entitled * Ah act to amend "the charter
of the oity of Poughfeeepsie, ' 'in relation to the
salary of the corporation cotmsel ' '

Senate Vili, Introd^irtoty No. 1418, Pri^ited No. -2306,
entitled :

"An act to amend the Greater New York
cliaTter, in relation to salaries of m^embere of the
teachers staffs of the board of education."

Senate bill, Introdiietory No. 1541, Printed No. 2i240,
entitled :

• "An act te amend the Greater New York
eliarter, m 3peia<a>on to the powers of tke commis-
sioners of the sinking fund over certain prop-
erty."

334 Public Papeks of Govebnoe Sulzee

Assembly bill, Introductory No. 1157, Printed No.
1241, entitled:

"An act to amend the Greater New York
charter, in relation to the regulation and registra-
tion of journeyman plumbers."

Senate bill, Introductory No. 167i8, Printed No. 2126,
entitled :

"An act to amend the Greater New York
charter, in relation to the power of the board of
alderfnan to authorize the issuance of permits for
the sale of newspapers and periodicals. ' '

Senate bill, Introductory No. 1390 (Assembly, Ee-
print No. 2798), entitled:

"An act to amend chapter twenty-six of the
laws of eighteen hundred and eighty-five, entitled
'An act to revise, amend and consolidate the sev-
eral acts in relation to the city of Syracuse, and
to revise and amend the charter of said city,' in
relation to city and ward boundaries."

Assembly bill,, Introductory No. 1156 (Senate Ee-
print No. 2419) , entitled :

"An act to amend the Gi'eater New York
charter, in relation to disposal of discarded school
books by the board of education."

Assembly bill, Introductory No. 468, Printed No.
473, entitled :

"An act to amend the Greater New York
charter, in relation to the municipal explosives
commission and to the powers, duties and regula-
tions thereof."

Veto Messages 335

Senate bill, Introductory No. 1746, Printed No. 2401,
entitled :

"An act to amend the Greater New York
charter, in relation to the board of examiners of
the bureau of buildings."

Assembly bill, Introductory No. 1051, Printed No.
1124, entitled:

" An act to amend chapter foUr hundred and
twenty-five of the laws of eighteen hundred and
ninety-six, entitled ' An act to amend the charter
of the city of Poughkeepsie,,' in relation to pub-
lishing ordinances and compensation of election
officials. "

Assembly bill. Introductory No. 1630, Printed No.
1827, entitled:

'' An act to amend chapter four hundred and
twenty-five of the laws of eighteen hundred and
ninety-six, entitled * An act to amend the charter
of the city of Poughkeepsie, ' in relation to the
hour^ for holding special elections."

Assembly bill. Introductory No. 1962, Printed No.
2597, entitled:

" An act to amend the education law, relative
to the establishment and maintenance of agricul-
tural schools in towns."

Assembly bill. Introductory No. 132i7; Printed No.

2054 (Senate Reprint No. 2079), entitled:

'"''- " An act to amend the highway law, in relation

to the construction and maintenance of town

bridges, as part of the state and county highway

system. " '

336 Public Papbes of Govbbnor Sulzbk

iLBseroibly ibill:, Imtroduotory No. 207, Printed No.
2563, entitled: , -.,

" Ah aet to amend the h.igkw,sbj law, jb. relation
tO' the description, otf route number one of tke state
highway system."

Assiembly bill, Introductory No. 952, Printed No.
998, entitled: ..

' ' An act to amend the highway law, in relation
to the course and description o£, route twenty of
the state highway system^"

Senate bill, Introductory No. 1669, Printed No. 2117,
entitled :

" An act to amend the highway law, in relation
to establishii^ a new state^ route in the county of
SufPolk." ;,„

Senate bill, latrodiaetory No. 1141,, Printed No. 1922,
entittled: ,

' ' An a«5t to am.end the highway law, in reJMion
to additional state aM. for iriitpiroved hi^ways."

Senate bill,, Introductory No.' US®,' Printed No. 17'27,
entiftled: , ■■■ ., ..:,„,: ,,, j ; .

" An aet to amend the highway law, in relation
to s.tate aid for bridges. "

Senate Mil, Iniroductory No. 1113, Prinsted No. .1719,
entitled : i . ^

"An act to amend the highway law, in relation
to purchase of road machinery ,1;jy t(^wnS."

Asawnbly bill, Introdueto-ry No. 601, Pj;inted No.
1030, entitled: , ,:,,,,. ,, r

" An act to amend the liQuer, tax Jaw, in rela-
tion to the definition of ' Convicted and, convic-
tion,' by striking out said definition."

VfiTO .Mbssa)ses 337

Asseiabiy bEt, Introdnretory No. 2082, Prmted No.
2766, entitled :

" An act to ratify aad validate certain contracts
ireretofore made- by town officers £©» the lease of
highway nftaehiniery."

Assembly bill, Introductory No. 1775, Printed No.
30ilift, entitled: i .

" An act to amend the judiciary law, in relation
to examining physicians."

Assembly bill, Introdtiistory- No. 1751, Printed No.
2429 (Senate Rep-rint No. 2342"), entitled: -

'''An act to amend the code of civil pr'oftedure,
in relation to the liability of the state and juris-
diction of the board of claims in respect to Certain
claims/'

Assembly bill, Introductoiy No. 1963., Printed No.
22T1, entitled:

" An act to amend the lien law, in relation to
the protection of persons furnishing and placing
in a cenaetery or burial ground a monument,
gravestone or other cemetery structure."

Assembly bill, Introductory No. 1582, Printed No.
1765, entitled :.,;,,

" An act to amend the state charities law, in
relation to the retirement of employees of state
: eharitabie institutions. ' '

Assmibly Mil,: Introductory iNo;iie&5, Printed No.

1914, entitled :

" An aM'tb anlend' chapter sixty-three' of ^ the
laws of nineteen tetrdrfid 'and two, entitled ' An
act to incorporate the city of Pulton, ' generally. "

338 Public Papers of Goveenok Stjlzeb

Assembly bill, Introductory No. 1516, Printed No.
1674, entitled:

' ' An act to amend the railroad law,, in relation
to providing for the inspection of the town by the
municipality in which new crossings shall be con-
structed and for the expense thereof."

Senate bill. Introductory No. 520, JPrinted No. 1618,
entitled :

" An act to confirm the acts of commissioners
appointed to lay out and, assess damages upon
tie opening of a public highway in town of New
Castle, in Westchester county; to legalize and
confirm the acts and proceedings of David L.
Barnum and Frank T. Bailey, as commissioners
of highways of said town; to authorize the town
board of auditors of said town to audit the con-
tracts in relation to the building of said highway ;
and to authorize the said town to pay for the con-
struction of said highway; and to raise money
therefor. ' '

(Signed) WM. SULZER

Omnibus Veto Number 3

State of New York — Executive Chamber

Albany, May 27, 1913

The bills appended hereto are disapproved for the
reason that they are duplicates, unnecessary, defec-
tively drawn, embraced in or in conflict with bills al-
ready disposed of, unconstitutional, for purposes
which can be suitably accomplished under general

Veto Messages 339

laws, or which should be provided for, if at all, by
amendments to the general law, the purposes con-
tained in the bills can be or should be accomplished
under the Home Eule Law for Cities, in violation of
the principal of Home Eule, no available funds* or
objectionable and inadvisable by reason, of proposed
changes, or in conflict with approved State policy.

(Signed) WM. SULZEE

Assembly bill, Introductory No. 777, Printed No.
810, entitled:

" An act to provide for the improvement of
Sawyers creek in the city of North Tonawanda
and the town of Wheatfield, Niagara county, and
making an appropriation therefor."

Assembly bill, Introductory No., 760, Printed No.
795, entitled:

" An act to build and equip a_ range of glass
houses for teaching floriculture and vegetable cul-
ture at the New York state college of agriculture
at Cornell university, making an appropriation
therefor, and providing for the appointment of
an advisory committee."

Assembly bill, Introductory No, 732, Printed No.
2699 (Senate Eeprint No. 2414), entitled:

' ' An , act to amend the tax law, in relation to
sales by county treasurer of Suffolk county."

Assembly bill. Introductory No. 7'23, Printed No.
. 751, entitled :

" An act to amend chapter four hundred of the
laws of nineteen hundred and eleven, entitled ' An
act providing for the reconstruction of the old

'340 Public Papees of - Ooveenoe Sulzeb

portion of ihe Potsdam state aiormai and trailing
seh«0ol,' in relation to the maKimuffli cost of saek
Teeonstmction, and also makiag an approprifltion
tberefor. ' '

AssemlDly "bill, . IntrodTicto'ry No. 670, Printed No.
969, entitled: ■

"An act to authorize the construction of a new
iron Ijridge with double driveways and sidewalks
over tli« Black River canal at .Stanisvix street in
the city of Eome, and making' ah appropriatioxi
therefor. "

. Assembly bill, Introductory No. 572, Printed No.
5i86, entitled:

' ' An act to amend &« ©daeation law, in relation
to the fistah^shment, management and objects of
a state school of agriculture at Keuka college,
in Keuka park in the county of Yates, and confer-
ring certain powers on Keuka college in relation
thereto, and' making an appropriation therefor."

Assembly bill, IntMwiuctory .^o- ^SO,, Printed No.
1868, ^njtitteij;,,^ ,", ,!,7''i:.

" An act to provide for ilie construction of a
new bridge over the Black River canal, at Main
street in the village of Port LeydeUj in the county
of Lewis, and 'making an appropriation therefor."

Assembly bill, Introductory No. 443, Printed No.
448, entitled :

" An act making an appropriation additional to
that made by chapter three hundred and ninety- •
seven of the' laws of nineteen hundred and twelve,,
for the 'cohstructiion of a drain from the colvert
under thfe Erie canal at Chapel street, in the city
of Lockport."

Veto Messages 341

Assembly bill, Introdtictoiy No. 3i?9, Printed No.
353 (Senate Reprint No. 2036), entitled:

■" An act providing for the construetioh of a
bridge over the Mohawk river at Visehex's Ferry,
and the approaches thereto in the town of Clifton
Park, ia the county of .Saratoga, aad in tl^e town
of Niskayuna, in the county of Schenectady, And
making a,n appropriation therefor."

Assembly bill, Introductory ]ii<o. II18O, Printed No.
2502, entitled:

* ' An act providing for the construction of a Tift
or hoist bridge over the Erie canal, on First street,
in the cily of, Utica, and making an appropriation
therefor, and authorizing the diy of Utica to raise
money for the construction therefbr. "

Assembly bill. Introductory No. 1088, Printed No.

1167, enStled:'-"' "' ■"' ■'■'-' ' "•' ■ '

" An act to provide for the construction of a
bridge ovex tlie Erie eanal in the village of White s-
boro, and making an appropriation thel^f'Or."

Assembly bill. Introductory No. 10i25, PTinteii No.
1080, entitled:

" An act to establish a home for iiie aged of both
sexes for residents of New Yerfcj Eings/ Queens,
Suffolk, Biietmomd, Wiestohester and Eoekiand
counties, and making an appropriation therefor."

Assembly bill. Introductory No. 782;,' Printed No.
815, entitled: • .

^'An act to pufiDvidfe for a public park at Lake
Eonfconkoma in Sufioilk county, New Yoeikji'mr the
perpestual enjoym^ent .of the people of tiliiiei ^ state
and to preserve it in its natural condition of scenic
beauty. ' '

342 Public Papkes op Govebnob Sulzeb

Assembly 'bill, Introductory No. 1992, Printed No.
2317, entitled:

"An act to amend the general municipal law
and the state finance law,, in relation to the award-
ing of contracts. ' '

Assembly bill, Introductory No. 509, Printed No.
1948, entitled :

"An act to amend the liquor tax law, in rela-
tion to illegal sales and selling."

Assembly bill. Introductory No. 189, Printed No.
192, entitled:

"An act to amend the state boards and com-
missions law,, in relation to creating the interstate
bridge commission and defining its powers and
duties, and making an appropriation therefor."

Assembly bill, Introductory No. 1049, Printed No.
2737, entitled: ,, ,

"An act to provide a charter for the city of
Middletpwn."

Assembly bill. Introductory No. 289, Printed No.
1117, entitled:

"An act to amend the Greater New York
charter,; in relation to the rehearing of charges
against members of the police force and fire de-
partment of the city of New York."

Assembly bill. Introductory No. 413, Printed No.
415, entitled:

"An act to provide for the construction of a
new bridge over the Glens Falls feeder at a point
about one mile east of the city of Glens Falls, and
make an appropriation therefor. ' '

Veto Messages 343

Assembly bill, Introductory No. 1936, Printed No.
2708, entitled:

"An act to amend the education law, relative
to a brancb of the New York state library in the
capitol. ' '

Assembly bUl, Introductory No. 1566, Printed No.
1749, entitled:

"An act to provide for the construction of
junction locks at Eome and Mohawk to connect the
present Erie canal and the Barge canal, pursuant
to the plan of retaining the portion of the present
Erie canal between Rome and Mohawk as a part
of the Barge canal terminal system, and making
an appropriation therefor."

Assembly bill. Introductory No. 1306, Printed No.
1491, entitled : .

"An act to amend the code of criminal proced-
ure, in relation to appeals."

Assembly bill. Introductory No. 1294, Printed No.
1946, entitled : .

"An act to amend the eduoatiqn law, in rela-
tion to the establishment of a state normal and
training school on Long Island. ' '

Assembly bill, Introductory No. 1545, Printed No.
1718, entitled :

"An act to extend the time of the Rochester,
Corning-Elmira Traction Company, its successors
or assigns, to begin the construction of its road,
to expend thereon ten per centum of the amount
of its capital, and to finish its road and to put it
into operation."

344 Public Pafbbs of Goveenoe Sulzee

Senate bill, Introdiictory No. 1640, Printed No. 2065,
entitled :

"All aet to amend the Greater New York
oharter, in relation to the appointBaent of extra
deputy commissioners of police."

Senate bill, Introdmetory No. 17'71, Printed No. 2332,
entitled :

"An actio provide for makiaag surveys for im-
proving and extending the Delaware and Hudson

Senate bill. Introductory No.' 1820, Printed No. 2461,
entitled:;

"An act to amend the election law, in relation
to appointment and qualifications of commission-
ers of elections."

Senate bill, Introductory No. 380, Printed No. 394,
entrtledr " " !""'■" '•■'■• ;■■■ '■• '

"An act to amend the civil service law, in'rela-
tioBi to the legail expenses of: veterans, reinstated
by order of the courts."

Senate biH, Introductory No. 1481, Printed No. 2220,
entitled :

"An act to amend the election law, generally."

(Signed) WM. SULZER

Final Omnibus Veto

Albasiy, June 2, 1913

The bills; appended hereto are disapproved for the
reason that they are duplicates, unnecess?.ry, diefec-
tively drawn, embraced in or in conflict with bills al-

Veto Messages 345

ready disposed of, uncorLstitutioiial, for piarposes
which, can be suitably accomplielied under general
laws, or which ^hould be provi^edj for, if at all, by
amendments to the general law, the purposes con-
tained in the bills can be or should be accomplished
under the Home Rule Law for Cities, ill violation "of
the principal of Home Eule, no available funds, or
objectionable and inadvisable by reason of pr'oposed
changes, or in conflict with approved State policy. -

(Signed) WM: SULZER

Senate bill, Intrpductory No. 1658, Printed No. 2*100,
entitled:

"An act to amend the public, lands la^v, in rela-
tion to making the state a party in actions affect-
ing real property. ' '

Aeseinbly bill, Introductory No. 1761, Printed No.
2002, entitled:

"An act |;o provide for the construction of a
sixteen foot brick pavement as part of route num-
ber three through the village of Catskill, in the
county of Oreene, and making an appropriation
therefor. "

Assembly bill, Introductory No. 162^, Printed No.
1885, entitled: ' ' ' ' '

"An act to establish a state normal school at
or near Millerton in the town of Northeast in the
county of Dutchess, and making an appropriation
therefor. ' '

Assembly bill. Introductory No. 1790, Printed No.
2348, eTititled :

"An act providijag for the erection of a state
armory in the city of Yonkers, the acquisition of

346 Public Papebs of Govebnoe Sulzek

a site therefor, and making an appropriation for
building said armory."

Assembly bill, Introductory No. 2146, Printed No.
2572, entitled :

"An act to amend the highway law, in relation
to the course and description of state route num-
ber forty-six."

Assembly bill. Introductory No. ©71, Printed No.
697, entitled:,,

"An act providing for the assessment and taxa-
tion of certain state lands in the town of Genesee
Falls, Wyoming county."

Assembly bill,. Introductory No. 499, Printed No.
510, entitled:

"An act to provide for repairs to the bridge
over Keuka lake outlet in the village of Penn Yan,
and making an appropriation therefor."

Senate bill. Introductory No. 1526, Printed No. 2164,
entitled :

"An act to amend the tax law, in relation to
taxation of mortgages and the debts and obliga-
tions secured thereby."

Senate bill. Introductory No. 1767, Printed No. 2493,
entitled :

"An a,ct making an appropriation for the pay-
ment of the principal and interest for the fiscal
year beginning on the first day of October, nine-
teen hundred and thirteen, upon the bonds issued
pursuant to chapter five hundred and sixty-nine
of the laws of nineteen hundred and nine, as
amended by chapter three hundred and ninety-

Veto Messages 347

four of the laws of nineteen hundred and eleven,
in relation to the Saratoga reservation."

Senate bill, Introductory No. 808, Printed No. 2'28'8,
entitled :

"An act to amend the lien law, in relation to
the filing of chattel mortgages securing advances
on stocks and bonds."

Senate bill, Introductory No. 1670, Printed No. 2375,
entitled :

"An act to amend the tax law, in relation to
the collection of taxes."

Senate bill, Introductory No. 1539, Printed No. 1903,
entitled :

"An act to amend the tax law, in relation to
special franchise property."

Senate bill, Introductory No. 1441, Printed No. 1769,
entitled :

"An act to provide a method for enforcing the
collection of unpaid taxes and assessments which
have heretofore been levied or confirmed by the
city of New Eochelle upon real property which has
not been sold for the nonpayment of such unpaid
taxes or assessments, and to provide a method for
enforcing the collection of taxes and assessments
which may be hereinafter levied or confirmed upon
real property by the said city of New Eochelle."

Senate bill. Introductory No. 1732, Printed No. 2247,
entitled :

"An act to amend the education law, in rela-
tion to truant schools."

348 Public Papebs of Ooveenob Stjlzee

Ass©i±ibly bill, Introductoiy No. 2031^ Printed No.
2372, entitled:

"An act to provide for thp construction of^an
addition to tHe state armory at Malone, the ac-
quisition of necessary land, and making an appro-
priation therefor." '' '''''' "' '"' '['

Assembly bill. Introductory No. 'QSQ, Printed No.
1034 (Senate Eeprint No. 2346), entitled:

"An act to amend chapter five hundred and
twenty of the laws of nineteen hundred and twelve,
entitled ' An act to provide for the alteration of
the building known as the s>tate house, for the use
of the cpurt of appeals, making an appropriation
therefor, and re-appropriating unexpended bal-
ances for perfecting plans for such alteration and
reconstruction,' in relation to architect's compen-
sation and modification of plans." ' '

Assembly bill. Introductory No. 1132, Printed No.
16815, entitled:

"An act to anaend the Greater New York
charter, in relation to the board of ediafcatitm. ' '

Assembly bill, lutroductory No. 1134, Printed No.
16S3,, entitled:

"An act to apaeud tte Ureater New York
charter, in relation to changing conditiaiis an-
nexed to salary scheduiles approved by the board
qf. education." ,

Assembly bill, Introductory No. IISQ, Printed No.
1084, entitled: ' ' '" ' ' ' ' ,

" An , act to amend the Greater New York
ohiarter, in relation to powers of inviSstigation by
the president of the board of education."

Veto iMbssaisbs. 349

■ ^ssembLy bill, Introductory No.. 1514, Printed No.
IftTS, entitLed :

" An act toi amemid the Greater New York
charter, in relation t© reports by the boaard, of
education." ,

Assembly bill, Introductory No. 104:6, Printed No.
2139^ entitled: ,, ,., ; ;,, .,,,

" An act to provide for the construction of a
'- bxidge by the state over a portion »f the Oswego
river and the Barge canal attMinetto^ in the county
of Oswego, to connect with, a 'bridge to be built by
local authorities over a portion of such river,
and making an appropriation therefar. "

Assembly bill. Introductory No. '2033, Printed No.
2374, entitled : ' '" ■■ ' ' ■ ' " 'f <'M-.r ,, ,^••

" An act to provide for utilizing, for highway
purposeSj unexpended balances of moneys hereto-
fore appropriated for improving state routes."

Senate bill. Introductory N©. llOij, Printed No. 126'3,
entitled: -, , . .i .i. , ,

" An act to ratify, confirm and legalize the pro-
ceedings of the city of Lackawanna,' in the county
of Erie, state of New York, of the paving of South
Park avenue, and the Hamburg turnpike in said
city and for the issuance and sale of bonds of
said csity to pay for the parvingof said South Park
avenue and Hambtirg turnpike, and to-'provide for
the pasymeBt of said bonds." ■

Senate bill, Introductory No. 1469, jPrinted No. 2325,
entitled :

" An act to amend chapter fire hundred and
twenty-six of the laws of nineteen hundred and

350 Public Papees of Goveenoe Sulzee

ten, entitled 'An act providing for the construc-
tion of buildings and improvements for the New
York state training school for boys, and making
an appropriation therefor,' in relation to the fees
of commissioners of appraisal appointed in con-
demnation proceedings authorized by said act."

Senate bill. Introductory No. 1724, Printed No. 2228,
entitled :

"An act to amend the education law, in relation
to the salaries of teachers in the state normal
schools, and making an appropriation therefor."

Senate bill. Introductory No. 1768, Printed No. 2323,
entitled :

"An act to provide ways and means for the pay-
ment of interest upon bonds to be issued in the
current fiscal year, pursuant to chapter four hun-
dred and sixty-nine of the laws of nineteen hun-
dred and six and chapter seven hundred and eight-
een of the laws of nineteen hundred and seven,
for the improvement of state highways."

Senate bill, Introductory No. 1546, Printed No. 2268,
entitled :

"An act to provide for the appointment of a
commission to investigate the matter of titles to
lands claimed by the state in counties containing
portions of the forest preserve, and to authorize
said commission to hear and determine applica-
tions to cancel tax sales thereon, and making an
appropriation therefor. ' '

Assembly bill, Introductory No. 2189, Printed No.
2633, entitled:

Veto Messages 351

"An act to provide for the construction of a
concrete wall on each side of Watkins Glen creek,
in the county of Schuyler, between certain points,
and making an appropriation therefor."

Assembly bill,. Introductory No. 1398,, Printed No.
1541, Senate Eeprint 2176, entitled :

"An act to provide for the construction of a six-
teen foot brick pavement as part of route number
thirty-four in Onondaga county to connect the city
of Syracuse and the village of Liverpool, also ex-
tending through said village, and making an ap-
propriation therefor."

Assembly bill. Introductory No. 496, Printed No.
1476, entitled:

"An act to amend the civil service law, in rela-
tion to vacations and leaves of absence for em-
ployees. ' '

Assembly bill, Introductory No. 541, Printed No.
1347, entitled :

"An act to amend the town law, in relation to
the meetings of town auditors."

Assembly bill. Introductory No. 7|O0, Printed No.
737, entitled:

"An act to amend the civil service law, in rela-
tion to examinations for promotion in the police
or fire department of a city. "

Senate bill. Introductory No. 163, Printed No. 1723,
entitled:

"An act to provide for the improvement as a
boulevard of certain lands in the boroughs of
Brooklyn and Queens, in the city of New York."

3i52 Public Papers op (xovjbb'nob Sulzee

Assembly bill, Introductoiy No. 1629, Printed No.
1826, entitled,-

"An act to anaend tli«' general city law, in rela-
tion to corporations engaged in the business of
plumbing."

Senate bill, Introductory No. 1055, Printed No. 1741,
entitled: ' . ■ -

"An act to amend the code of civil procedure,
in relation to bring up a witness on habeas corpus
to testify."

Senate bill. Introductory No. 1435, Printed No.:1763,
entitled;

"An act to provide a procedure f«r tJae proimirt
review of an apportionanent by the legislature or
otiier bod^y."

Assembly bill. Introductory No. 1120, Printed No.
1875, entitled: ' -

"An act to amend the code of civil' proeedure, in
reiaiion to tempjxary possession pending condem-
nation proceedings."

Assembly bill, Introductory No. 1286, Printed No.
1396, entitled :

"An act to authorize the state arehitect to re-
ceive tenders of sale or gift to the state or real
estate in the city of Buffalo, as a site for a state
buildinjgin said city, to contain ail branch offices of
state officers, bureaus or departments located or
, iie^d^sd in said city, and to a^ithor^^e the, city of
BufEaJo to piff^ or tender the sale, or gift of such a
site."' ' ' " ,„

Veto Messages 353

Senate bill, Introductoiy No. 409, Printed No. 430,
Assembly Reprint 2792, entitled :

"An act to umend the transportation corpora-
tions law, in relation to the acquisition of landstby
gas corporations."

Senate bill, Introdiietory No. 1782, Printed No. 2355,
entitled : ' ' -

"An act to amend the' general city law, in rela-
tion to the powers of cities. " \ '

Assembly bill, Introductory No. 322, Printec^ No.
326, entitled : • ' >■ ' '' ■ '■:-,

"An act to provide. a building at the New York
Agricultural Experiment Station, and making an
appropriation therefor."

Assembly bill, Introductoi*^' No.' 606, Printed No.
626, entitled :

' '"An act to amend the code of criminal proced-
ure, in relation to return of depositions."

Assembly bill, Inti'oductory No. 1546, Printed No.
1719, entitled : '

'' "An act to abolish the grade crossing of the
New York Central and Hudson River railroad and
the Buffalo, Rochester and Pittsburg railroad at
Brown street in the city of Rochester."

Senate bill, Introductory J^pf 1286, Printed No^ 2'276,
entitled: ^^ , , ,,, , ., ;

"An act to .amend the transportation corpora-
tions law, in relation to the ownership or Ctintrol
of stock and bonds of freight terminal companies
by certain corporations ahd joint stock associa-
tions."

12

354 Public Papers of Goveestoe Sulzee

Senate bill, Introductory No. 1097, Printed No. 1594,
entitled :

"An act to amend the navigation law, in rela-
tion to the inspection of docks and piers by the
superintendent of public works. ' '

Assembly bill,, Introductory No. 1471, Printed No.
2549 (Senate Reprint 2'32S), entitled:

"An act to amen4 the state printing law, in rela-
tion, to the number of extra copies of certain re-
ports to be printed as legislative documents. ' '

Senate bill. Introductory No. 1837, Printed No. 2515,
entitled :

"An act to provide ways and means for the sup-
port of government. "

Assembly bill. Introductory No. 1517, Printed No.
2810 (Senate Reprint 2428), entitled:

"An act toanaend the highway law, in relation
to motor vehicles."

Assembly bill, Introductory No. 22213, Printed No.
2817, entitled:

"An act making an appropriation for the pay-
ment of interest on the debt for highway improve-
ment contracted; or to be contracted pursuant to
the provisions of chapter two hundred and ninety-
eight of the laws of nineteen hundred and twelve,
for the fiscal year beginning the first of October,
nineteen hundred and thirteen."

Sejnate bill,,Inti;o,ductory No. ,1835, Printed No. 2482,
entitled:

, "An act making an appropriation for the pay-
ment for the fiscal year beginning on the first day

Veto Messages 355

of October, nineteen hundred and thirteen, of in-
terest on the Palisades Interstate Park debt con-
tracted under article seven, section four, of the
constitution. ' ' ^

Senate bill, Introductory No. Ii8'37, Printed INTo. 2513,
entitled :

"An act making an appropriation for the pay-
ment for the fiscal year beginning on the first day
of October, nineteen hundred and thirteen, of in-
terest on the canal debt contracted or to be con-
tracted under article seven, section four of the
constitution. ' '

Senate bill. Introductory No. 1838, Printed No. 2612,
entitled :

"An act marking an appropriation for the pay-
ment of interest on the debt for barge canal term-
inals contracted or to be contracted under the pro-
visions of article seven, section four of the con-
stitution. ' '

Senate bill. Introductory No.' 1834, Printed No. 2514,
entitled :

"An act making an appropriation for the pay-
ment of interest on the debt for highway improve-
ment contracted or to be contracted under article
seven, section twelve of the constitution,, and as
provided by law for the fiscal year beginning on
the first day of October, nineteen hundred and
twelve. ' '

Senate bill, Introductory No. 1839, Printed Noi 2511,
entitled:

''An act making an appropriation for the pay-
ment of interest on the debt for highway improve-

356 Public Papbks op Goveenok Sulzee

ment contracted or to be contraicted' under article
seven,, section twelve, of the constitution, and as
provided by law, for the fiscal year beginning on
the first day of October, nineteen hundred and
1/liirt-GGii ''

' ( Signed) ''' ' Wik; ' StJLZEE

Statement by the Governor Regarding Appropriations
for the Year 1913, Together with MemorandapState-
ment of Appropriations

State of New York — Executive Chamber

" ' Al'banV, June 2, 1913.

The memoranda I haye filed ^ith the annual appro-
priation bill and the annual supply bill,, §aid. Governor
Sulzer, show , the various it^ms in these bills which I
have vetoed in accordance , with my constitutional
rights. i ^ , ,

The items in the appropriation bill which have been
disallowed amount to $411,090; the items in the supply
bill which have been disallowed amount to $2,738,-
416.87. The total items which I have vetoed in these
two bills amount to $3vM9,'511.87.

Every effort has been made to economize^ without
crippling any agency of good government, or 'paralyz-
ing any worlAiy' institution of thie State. ■ "

The reason the appropriations are mor^'^this year
than last year will be apparent to any intelligient citi-
zen who/AYill study i^^ figures. ,]|tlany (Of the appro-
priations made this year should have been ma4e last
year. Some were vetoed last year and hence had to be
made this year ^ or xhe object desired abandoned.

a;(s.! - Veto. Messaxjeb *i >ija'j4 357

Our Sisate is '■ growing ■ apace, and every year the
Legislature is creating more agencies tkat demand in-
creased annual appropriations. These/; of course,
multiply' very rapidly.ii We can aot very well istaaad
stUi witltoui retrograding. »! believe in progress. If
we are to go forward we must realize tliat to do the
work incumbent upon, the State alojag charitable, edu-
cational, progressive, and humanitarian' lines more
money must be appropriated each year to economically
administer State affairs and^do justice to humanity.

Notwithstanding what has often been done in the
past, I have concluded, as a matter concerning the
general welfare,^that I would not cripple, nor destroy,
any agency for good government to make a false
record for economy. However, the figures now sub-
mitted to the taxpayers of the State will show that I
have saved them in these two appropriation bills more
than three iminions of dollars, to say nothing about
special appropriation bills which I have vetoed wher-
ever I have thought they were ilnnecessary.

Very few salaries have been increased — and these
wej?e more than justified. The increased expense of
the State,. government are all for worthy purposes
and along lines of great reforms that will ultimately
accomplish lasting benefits for all the people. Charity
and education receive most of these increases. Our
citizens I believe favor these reforms. When the en-
tire matter is careful-lyeonsid'ered' I feel confident that
every dollar appropriated will be justified in the
del03erate jiidgmenfc of the far-seeing i and patriotic
taxpayers. False economy never pays.'i(! ■ ift)-. i T

I know our peoplte do not want me to be penny wise
and pound foolish; in other words, to cripple good

358 Public Papers oi' Govebnor Sulzer

agencies, and paralyize State institutions, in order to
make a record of keeping down appropriations to
what they were a few years ago, to say nothing about
the reasons that made them unnecessary then and ab-
solutely necessary now, unless the State wants to take
a foolish step backward in the great work it is doing
for the common weal and the general welfare.

The record as herein presented of the appropria-
tions for 1913 and 1914 to administer along efficient
lines the tremendous affairs of our State government
speaks for itself, and I know will ultimately command
the approval of the people of the State generally.

(Signed) WM. SULZER

Memoranda — Statement of Appropriations.

State of New York — Executive Chamber

Albany, June 2, 1913.

Memorandum filed with Assembly bill, Introductory
No. 1798 (Senate reprint No. 2520), entitled:

"An act making appropriation for the support
of government. ' '

The appropriation bill, as approved,
carries $29,825,897 29

The supply bill, as approved, carries. . 4,182,905 73

The special bills, as approved, carry. . 13,715,365 47

The total approved appropriations,, in-
cluding all the appropriations from
the general fund, amount to. 47,774^68 49

Veto Messages 359

The sum of $29O,3e2.0O from the High-
way Improvement Fund, the sum of
$2,000.00 from the Military Record
Fund, and the sum of $152,;340.00
from the Prison Capital Fund,

amounting in the aggregate to $444,722 00

are appropriated in addition to the
foregoing amounts, so that. the ap-
propriations for the support and
naaintenance of the State depart-
ments and institutions reach a total
of , 48,1618,800 49

The corresponding appropriations of '

the year 1912 were 45,558,598 86

Increase in the total appropriations
from the general fund of this year
over those of last year is 2,610,291 63

During the last fiscal year, owing to mandatory in-
creases in the salaries of employees of State hospitals
and the increased cost of food siipplies, it has been
necessary to enlarge the appropriation for mainte-
nance of State hospitals and State charitable institu-
tions.

There are also heavy deficiency items in the supply
bill to make up for inadequate appropriations for last
year for the support of the' State's dependents.

The combined appropriation and supply bills for
this yeair contain items for the support of State Hospi-
tals for the Insane aggregating $752,649.33 more than
provided in 1912. . j >

The combined appropriation and supply bills for
this year contain items for the support of State Chari-
table Institutions aggregating $533,323.22 mbre than
provided in 1912. ' - '

360 Public Papees of Go'vternoe Sulzek

Special bills, making appropriations for new build-
ings and for necessary improvements and repairs in
old buildings for the State Hospitals and Charitable
Institutions, aggregate $2,213,;2'7i3.

The appropriatioris for maintenance and repair of
State highways are $913,141.&9 larger than in 1912.

Owing to legislation enlarging the State Labor De-
partment and the State Health. Department, the in-
creased appropriations in these two department ag-
gregate $'530,561.3!9.

To summarize: ; '

The total increased appropriations for the benefit of
hospitals, charitable institutions, highways. Labor and
Health Departments aggregate $l,i732,644.53.

For the promotion of education there' are also
largely increased appropriations. I approved a spec-
ial bill for various improvemeHts at the College of Ag-
riculture at Cornell, amounting to $3134,000; a spedal
bill for the erection of a College^qf, Forestry at Syra-
cuse, amounting to $250,000; a special bUl for the Long
Isla,nd, College of Agricijlture,, amounting to $190,000 ;
a, special bill for the College of Agricultu.i;e at. Delhi,
amounting to $50,000; an appropriation for improve-
ments to the Schoharie Sch,ool of ^agriculture, amount-
ing to $20,0001^, and for the establishment of , Farm
Bureaus, $25,000. These contributions to educational
work aggregate $86i9,0QQ. . ^

For the , encouragement of patriotism among the
youth X, approved bills carrying appropriatipns for the
celebration of the battle of Lake Erie, fpr the; celebra-
tion of thebattj-e of Plattsburgh, jfpr the commemora-
tiou of the anniyersary of the battle of Grettysburgr
for, the acquisition of .tlie JBe^njngton battlefield, and
some smaller items, aggregating in all $161,000.

Veto Messages . ■■ ■ 361

For the work of continuing the reconstruction of the
Capitol to repair the raVa^ of the fire of 1911, and
also to finish the iiew educational building, there has
been appropriated $1,689,500. ., ^

While the appropriations are somewhat higher than
those of 1912, the sbeiiefits are distributed in every part
of JtljeState ;, provision has been made for proper care
of those dependent upon us, and I ha^ve carefully con-
sidered the necessity of every item of appropriation
which has been approved. " '''■*' 'P''-^---- - ' '•

The items in the appropriation bill which have been
disallowed amoumt to $411,090. ; ,:

The items in the supply bill which have been disal-
lowed amount to $2,738,416.S7. ' '

The total vetoed items in these two bills are $3,14'9,-
511.87.

The reasons for these disallowances appear in the
statements attached to the respective bills.

The Committee of Inquiry, appointed by me at the
beginning of the session, reported that there is in the
various sinking funds maintained by the Comptroller
a surplus of $17,669,212.45, and recommended legisla-
tion reorganizing these sinking funds and providing
that interest and principal this year be cared for out
of this surplus. The bill presented by the Committee
of Inquiry perished, in, the Assembly the last night of
the session, after having passed the Senate, and sev-
eral bills appropriating interest but making no pro-
vision for principal, passed both houses of the Legis-
lature and came to me for approval.

I have deemed it wise to disapprove all of these bills,
appropriating interest, and shall present the subject of
the sinking fund contributions to th6 special session of
the Legislature which has been called by me.

(Signed) WM. SULZER

362 Public Papees of Governor Sulzer

Items of Appropriation Objected to Contained in the
Annual Appropriation Bill

State of !N"ew York — Executive Chamber,

Albany, June 2, 1913.

Memorandum filed with Assembly Bill ISTo. 1798 (Senate re-
print No. 2529), entitled:

"AN ACT making appropriations for the support of government."

Statement of items of appropriations of money contained in
said bill which are severally objected to, to wit :

Page 7 under the head of "Administrative":

SECEETARY OE STATE.

Inspection Board.

Eor salaries of necessary employees and other ex-
penses in connection with the inspection bureau
of the automobile department, ninety thousand
dollars. ' $90,000 00

It does not appear clear to me that any considerable amount of
increased revenue would be derived from the proposed enlarge-
ment of the automobile department.

Page 11 under the head of "Administrative ":
COMPTROLLEE.

Services and Expenses.

For salaries of counsel, examiners, auditors and
assistants and for the necessary ■ traveling and
other expenses in carrying out the provisions of
section forty-five of the executive law and sec-
tion sixteen of the finance law, seventy-five thou-
sand dollars. $75,d00 00

Veto Messages 363

It appears to me that the comptroller should temporarily assign
present employees of his department to the audit work contem-
plated, and that the amount of forty thousand dollars ($40,000)
authorized by a special bill, which has been approved, would be
sufficient to organize the work and carry it during the j*esent
year.

Page 16 under the head of "Administrative " :

* COMPTEOLLEK.

Expenses.

For actual and necessary traveling expenses of the
examiners and detectives in the performance of
their official duties, for dies, plates, and printing
necessary for the manufacture of stamps and for
stationery, books, blanks and other necessary in-
cidental expenses, twenty-one thousand dollars. $21,000 00

This amount does not seem necessary at this time.

Pages 18-19 under the head of "Administrative":

TREASUEEE.

Office Expenses.

For furniture, books, blanks, binding, printing and
other incidental office expenses, three thousand
dollars or so much thereof as may be necessary. $3,000 00

Teaveling Expenses.

For the actual and necessary traveling expenses of
the deputy treasurer and other employees of the
office, five hundred dollars or so much thereof as
may be necessary. 500 00

An appropriation for office expenses is contained under the head
of " Postage and Transportation " and there appears to be no good
reason for the new item to provide for traveling expenses for the
deputy treasurer.

364 Public Papers of ©(wisiiiroE Sulzek

Page 24 under tie head oi "AdmiiiiigEtarativ© " :

(JIYIL SEEVIOE OOMMISSICm.

Postage and Transport ATioisr,
Eor postage and transportation ofi letters;, official
documents and other matter sent by express or
freight, including boxes or covering for same,
three thousand dollars. r .;/',, •; $3,(KK) 00

The appropriation for €lffic& expenses has been increased two
thousand dollars ($2,000) and postage can properly be considered
office expenses. There appears to be no good reasons for nearly
doubling this item of expense. ' rrr--_>

Page 45 under the head of " Judicial " :

STATE, BOARD OE CLAIMS.
court stenographer, three thousand dollars. $3,000 00

GrEADED Employees.
"Eleventh grade> one employee, three thousand

dollars. 3,000 00

This increase of salary was disapproved by the State Board of
Claims. '

Page 47 under the head of " Eegnlktrve " :

DEFAETMENT OF EXCISE. ■

assistont financial clerk, ctae thousand^ t'wto hun-
dred dollars; ' " ' $1,200 00

There appears to be' no impe'rativfe' neccessity at this time for
additional employee.' • i . , ■ ,.:■

Page 48 under the head of *' Regulative " :

DEPARTMENT OP EXCISK
Eifth giTade, two employees, one thousand eight

hundred dollarsl' ' $1,800 00

Fourth, grade, one employee, seven hundred twenty

dollars.' '' ""' ' 720 00

There appears to be no imperative necessity at this time for
additional employees.

Veto Messages 365

Page 49 under the head of "Emulative":

DEPAETMENT OP EXCISE.

Eighth grade, one evtspbyyv^, nine hundred dollars. $900 00

There appears to be no imperative necessity at this time for
additional employees.

Page 50 under the head of " Regulative " :

. , . DEPAETMENT OF EXCISK

Eighth grade, one employee, nine hundred dollars. $900 00

There appears to be no imperative necessity at this time for
additional employees.

Page 61 under the head of, " Eegulative " :

DEPAETMENT OF EXCISE.

Seventh grade, one employee, seven hundred fifty

dollars. $750 00

There appears to be no imperative neceBBJty at this tiiae for
additional employees.

Page 54 under head of " Eegulartive " :

DEPAETMENT OF HEALTH.
Postage and Teanspoetation.

For postage and transjiortation of letters, official
documents, and other matter sent by express or
freight, including boxes or covering for same,
eight thousan4|dQ|laJ-s, , ,, , ,, $8,000 00

A sufficient amount has been /allowed under the head of " Office
Expenses " to proyide for ^11 necessary postage.

Page 55 under head of "Eegulative',':

DEPAETMEJSTT OF HEALTH.
Inspection engineer, one thonsamid five hundred
dollars. ■ $1,500 00

There appears to be more engineers provided for than necessary.

366 Public Papers of G-overjstok Sulzeb

Page 61 under head of " Kegulative " :

DEPAETMENT OF LABOR
Contingent Expenses.
For temporary clerical services, and for contingent
expenses of the industrial board, five thousand
dollars, or so much thereof as may be necessary. $5,000 00

Ample provision is made in the item under head of " Traveling
Expenses " to provide for the needs of the industrial board.

Page 74 under the head of " Regulative " :

STATE BOARD OF TAX COMMISSIONERS.

Tempoeaey Seevices.

For temporary services, one thousand dollars. $1,000 00

Ample provision is made in other items for all necessary em-
ployees.

Page 75 under head of " Regulative " :

STATE SUPERINTENDENT OF WEIGHTS AND
MEASURES.
Bulletins.
For bulletins of instructions to dealers, weights and

measures officials, five hundred dollars. $500 00

Ample provision is made in other items for necessary printing
matter.

Page 76 under head of " Regulative " :

STATE ATHLETIC COMMISSION.

Ghaded Employees.
Second grade, one employee, three hundred dollars ; $300 00

Office Expenses.

For printing, office supplies, telephone and tele-
graph services, postage, expressage, stationery,
temporary services, books and other necessary
and incidental office expenses, two thousand dol-
lars, or so much thereof as may be necessary. 2,000 00

Veto Messages 367

Items disapproved are in excess of the statutory amount of five
thoiisand dollars ($5,000) allowed by creative act.

Page 85 under head of " Educational " :

EDUCATION DEPARTMENT.

Seventh grade, two employees, three thousand dol-
lars. $3,000 00

There appears to be no imperative necessity for additional em-
ployees at this time.

Page 104 pnder head of "Agricultural " :

DEPARTMENT OE AGRICULTURE.
Diseases of Plants.
For the purpose of investigating diseases of gladioli
and other bulbous plants, two thousand dollars,
or so much thereof as may be necessary. $2,000 00

There are no available funds at this time to provide for the
work contemplated in this item.

Page 112 under head of " Penal " :

STATE PRISONS.
Farm foe Women,
consteuctioiir, equipment and maintenance.
For the state farm for women, pursuant to chapter
four hundred sixty-seven of the laws of nineteen
hundred and eight, fifteen thousand dollars. $15,000 00

There are no available funds to provide for the work cbntem-
plated in this item.

Page 114 under head of " Penal " :

STATE COMMISSION OF PRISONS.
Traveling Expenses.
For actual and necessary traveling expenses of the
commissioners and secretary in the performance
of their official duties, two thousand five hundred
dollars. $2,500 GO

368 Public Papers of GrovEEiifoK Sulzek

IifS3?BCTOBs-' Expenses.
For actual and necessary traveling expraises of
the inspectors, four Imndred dollars, or ao niuql^; ^
thereof as may be necessary. $400 00

The increased amount appropriated under the title " Office Ex-
penses " make these items unnecessary.

Page 125 under head of " Charitable " :

STATE BOARD OF CHARITIES.

Fourth grade, five employSies, three thousand six

hundred dollars. ' $3,600 00

Third grade, two employees, one thousand two hun-
dred dollars. 1,200 00

There appears to be no imperative necessity at this time for ad-
ditional employees.

Page 126 under head of " Charitable " :

FISCAL SUPERVISOR OF STATE CHARITIES.

general inspector, one thousand five hundred dplr

lars; $1,500 00

inspector of cattle, one thousand five Kundred

dollars; ' 1,500 00

special inspector, one thousand five hundred dol-
lars; 1,500 00

inspector of machinery, one thousand two hun-
dred dollars. ' ■ 1,200 00

There appears to be no imperativct necessity at this time for
additional employees.

Page 134 under head of " Protective " :

CONSERVATION DEPARTMENT.:
three deputy commissioners, five thousand dol-
lars each, fifteen thousand dollars; $15,000 00;

This item increases the salaries of depim^ et^niBiBsionera irom
three thousand five hundred dollars ($3,560} eadh to five tiiousand
dollars ($5>000) each. It is my opinion that this deparfew^t is

Veto Messages 369

already overloadedi with higkrsalaried employees, and that the cost
of maintenance should be reduced rather than increased. Inas-
much as there is no way by which I can reduce this item to, the
sum necessary to continue the officials at the salaries formerly pro-
vided, I am compeBed to either approve or disapprove in toto.
The attempt to increase the salaries is unjustifiable.

Page 135 under head of " Protective" :

CONSEEVATION" DEPAETMENT.
five confidential agents at .one thousand eight hun-
dred dollars each, nine'thousand dollars; $9,000 00

The number of confidential agents is increased in this item from
four to five, for no other apparent reason than to create a new
position. I am compelled to either approve or disapprove the item
in toto, and cannot countenance the, provision for additional em-
ployees.

Page 136 under the head of " Protective " :

OOlSrSERVATIOW DEPARTMEWT.
For traveling expenses of the counsel to the
commission, fifteen hundred dollars, payable
monthly in full for all such expends. $1,500 00

The actual and necessary tra,veling expenses of the counsel is
provided in the general itenji, entitled " Traveling, Expenses."
The item disapproved siniply increases the salary of the counsel
by subterfuge, in directing payments to him of fifteen hundred
dollars ($1,500) additional in monthly installments.

Page 137 under the* head. of " Protective":

GONSEEVATION DEPARTMENT.
ADBiTibNAL' Employees;
Eor salaries and expenses of such necessary em-
ployees as the commissioner in charge of the divi-
sion of fish and game may deem necessary to be
employed in the division df fish and game fn«r the
protection of the same, sixty-seven thousand dol-
lars. = i^ - $67,000 00

370 Public Papers of Governor Sulzer

There appears to be no imperative necessity at this time for
additional employees.

Page 137 under the head of " Protective ";

COlsTSERVATIOlSr DEPARTMENT.
Maeih-e Fisheries Bureau.

OFFICIAL salaries.

For salaries of :

supervisor, five thousand dollars; $5,000 00

deputy supervisor, three thousand dollars: 3,000 00

These amounts provided increases in salary and no reason shown
for such increase.

Pages 143 and 144 under head of " Protective " :
■STATE FIEE MARSHAL.
Tenth grade, two employees, four thousand eight

hundred dollars. $4,800 00

Ninth grade, two employees, four thousand two

hundred dollars. 4,200 00

Seventh grade, two employees, three thousand

dollars. 3,000 00

Steam Boilee Bureau,
graded employees.
Eighth grade, one employee, eighteen hundred

dollars. $1,800 00

Sixth grade, fifteen employees, eighteen thousand

dollars. 18,000 00

Fourth grade, one employee, seven hundred and
twenty dollars. 720 00

Investigation Bureau,
graded employees.

Seventh grade, four employees, six thousand dol-
lars. $6,000 00

Sixth grade, one employee, twelve hundred dol-
lars. 1,200 00

Fifth grade, one employee, nine hundred dollars. 900 00

Veto Messages 371

Explosive Bueeau.

graded employees.
Sixth grade, five employees, six thousand dollars. $6,000 00

Fifth grade, one employee, nine hundred dollars. 900 00

Provision has been made for very great expansion of this de-
partment, although it was developed by the Committee of In-
quiry that a large surplus of funds provided by the Legislature
of 1912 remains unexpended. There appears to be no impera-
tive necessity at this time for additional employees.

Page 149 under head of " Protective " :

FIRE ISLAND STATE PARK.

Salaries.
For salaries of:

secretary and treasurer, five hundred dollars ; $600 00

bathing master, two hundred and fifty dolla,rs ; 250 00

two carpenters, fourteen hundred and forty dol-
lars; 1,440 00
four laborers, fourteen hundred and forty dol-
lars; 1,440 00
other help, two hundred and twenty-five dollars. 225 00

INCIDENTAL Expenses.
For incidental expenses, two thousand dollars. $2,000 00

There appear to be more employees than necessary to properly
protect this small park.

Page 151 under head of " Protective " :

PHILIPSE MANOR HALL AT YONKERS.
For salary of watchman, seven hundred and fifty

dollars. $750 00

There appears to be no imperative necessity for additional em-
ployees at this time.

(Signed) WM. SULZER.

372 Public Papebs of Governoe Sxjlzee

ITEMS OF APPROPRIATIONS OBJECTED TO CONTAINED
IN THE ANNUAL SUPPLY BILL.

State of New York — Executive Chambee,

Albany^ June ^, 1913.
Memprandmn filed with Assembly Bill No. 1797 (Senate re-
print No. 2530), entitled.

"AN ACT making appropriations for certain expenses of government
<and various miscellaneous appropriations and supplying deficiencies
in former appropriations."

Statement of itefos of appropriations of money contained in
said bill wliicli are severally objected to, to wit :

Page 4 under the liead of "Administrative "3 1

SECEETARY OF STATE,

Inspection Bueeau.
For the establishment of an inspection bureau in
connection with the automobile department, for
salaries of necessary . employ eeg anid, other ex-
penses in connection therewith, thirty thousand
dollars. ' ' ' $30,000 00

I am convinced that no additional revenue could be brought to
the state, or any good puTposfe served, by the establishment of' an
inspection bureau.

Page 5 under the head of "Administrative " :

,, , , SECEETAiJY O^ STATE. .„ .
For deficiency in appropriation for reindexing cor-
poration records, including compensation for
services, printing, binding, cards, oases and
otheoT; necessary expenses in coBiiiectioii there-
with, thirteen thousand five hundred dollars. $13,5<M) 00

I disapprove of the method of including so wide a variety of
subjects in one item, and have nothing before me to convince ma

Veto Messages 373

that there is any deficiency in compensation due any person for
services.

Page 6 under th^, head.pf "Administrative " :
SECKETAEY OE STATE.
For steel desks and cabinets for filing books, papers,
documents, et cetera, in the corporation depart-
ment, eight thousand dollars or so much thereof
as may be necessary. $8,000 00

There are no, funds available for this purpose at this time.

Page 11 under tbe hjead of ""Adininistratiye " :
COMPTEOLLEK.
Examinees' Seevices.
For deficiency in the services of examiners and de-
tectives, five thousand dollars. $5,000 00

, This itean provides for compensation for additional employees;
there is no actual deficiency. I believe that ample provision has
been made for the performance of all necessary work.

Pages 14^15' under the head of "Administi'ative " :

ATTORNEY-GEKEEAL.
For Olin H. Landreth, consulting engineer, for
services and expenses in re state of New , York
against the state of 'N&w Jersey and the Passaic
Valley sewer commission^ from October twenty-
second, ninetsien hundred, and eight, to July
eighth, nineteen hundred and nine, the sum of
five hundred and twelve dollars and fifty-one
cents, or so much liiereof as may be necessary,
to be paid on the approval of the attorney-gen-
eral. ' \ ' $512 61

This item was not rfecommended to the legislature by .the
attorney-general, and there is motjhing before me to enable me
to determine tha,t the^ foregoing, is a proper disbursement of the
state funds.

374 Public Papehs of Goveenoe Stjlzee

Page 15 under the head of "Administrative":

ATTOKNEY-GENEEAL.

For Edward W. Hatch, for services and disburse-
ments as counsel of Cornell University in an
action brought by the state of New York
against the university and the Brooklyn Cooper-
age Company, to set aside a contract which the
university as the agent of the state in adminis-
tering the state college of forestry made with
the cooperage company, the sum of five thou-
sand two hundred fifty-seven dollars and fifty-
one cents, to be paid by the comptroller upon
the approval of the attorney-general as to the
value of the services. $5,257 51

This item was not recommended to the legislature by the
attorney-general, and there is nothing before me to enable me to
determine that the foregoing is a proper disbursement of the
state funds.

Pages 15-16 under the head of "Administrative " :

ATTORNEY-GENERAL.

C. S. AND C. C. Lester.

For C. S. and C. C. LesteJ-, for professional services
and disbursements from September first, nine-
teen hundred and ten, to January first, nineteen
hundred and twelve, in the supreme court of the
state of New York, as special counsel for the
people and the attorney-general of the state of
New York in the following cases : People versus
Lincoln Spring Company, Geysers Natural Gas
Company, New York Carbonic Gas Company,
Congress Spring Company, Harry M. Leveng-
ston, Mary A. Paterson; Lindsley versus
Attorney-'General et al. ; People versus Natural

Veto Messages 375

Carbonic Gas Company, Emily H. Hathorn
et al. ; People versus Lincoln Spring Company,
Emily H. Hathorn et al. ; six thousand dollars,
or so much thereof as may he necessary, pay-
able upon the* approval of the attorney-general. $6,0t)0 00

This item was not recommended to the legislature by the
attorney-generalj and there is nothing before me to enable me to
determine that the foregoing is a proper disbursement of the state
funds.

Page 16 under the head of "Administrative " :

ATTOEl^EY-GENEEAL.

Nash Rockwood.

For iN'ash Rockwood, for professional services from
September first, nineteen hundred and ten, to
January first, nineteen hundred and twelve, in
the supreme court of the state of New York, as
special counsel for the people and the attorney-
general of the state of New York in the follow-
ing cases : People versus Lincoln Spring Com-
pany, Geysers Natural Gas Company, New
York Carbonic Gas Company, Congress Spring
Company, Harry M. Levengston, Mary A.
Paterson; Lindsley versus Attorney-General et
al. ; People versus Natural Carbonic Gas Com-
pany, Emily H. Hathorn et al. ; People versus
Lincoln Spring Company, Emily H. Hathorn
et al., six thousand dollars, or so much thereof
as' may be necessary, payable upon the approval
of the attorney-general. $6,000 00

This item was not recommended to the legislature by the
attorney-general, and there is nothing before me to enable me to
determine that the foregoing is a proper disbursement of the state
funds.

376 Public Papers of G-oveenob Sulzee

Page lY under the iead of "Admnistrative " :
ATTOKNEY-GEi^lEKAL.

For John Franey, as county clprjk of Albany counter,
for unpaid fees, tjie indejatedni^ss of which, was in- ,
curred by preceding administrations of the at-
torney-general's department, during the period
from December thirtieth,, nineteen hundred and
eight, through December nineteenth, nineteen
hundred and ten, the sum of one hundred and
fortynseven dollars or so much thereof as may be
necessary. $147 00

This item was not recommended to the legislature by the at-
torney-general, and there is nothing before me to enable me to
determine that the foregoing^ is a proper disbursement of the
state funds. . , , , j " /

Page 19 under the head_ of "Administrative " :
ATTORNEY-GEl^fEKAL.

MlSCELLASTEOUS.

For services of Alonzo B. Coons as attorney in the
prosecutions of violations: of the agricultural'law,
designated by former Attorney-General i Jackson,
five hundred and seventy-one dollars and, four
cents. ! $671 04.

This item was not reconimended to the legislaturei by the' at-
torney-general, and there is nothing before me 'to enable nie to
determine that the foregoing is a proper disbursement of the state
funds. ,

For John P. Hurley for balance due for services
and expenses in the prosecution of certain viola-
tions of the agricultural law, upon the auAoriza-
tion of former Attorney-General O'Malley, to be '
paid by the comptroller upon the approval of the
attorney-general, three hundred and forty dollars. $340 00

Veto Messages 377

This item was hot recommeiided to the 'legislature by the at-
torney-general, and there is nothing before me to enable me to
■determine that the foregoing m a proper disbursement of the state
iimds.

Pages 21 and, 22, undei; the head of " Legislative,'" ;
LEGISLATUEE.

Contingent. j.'.;,i

^or deficiency in appropriation for; expenses of
legislative committees, including compensation of ,
witnesses; for indexing the bills, Journals and
documents of the senate and assembly; for in-
dexing the executive journals of tte senate and
for the preparation of supplementary indices to
senate and assembly bills, journals and docu-
ments, to be paid oi the certificate of the tem-
porary president of the senate or the speaker of
the assembly, respectively ; for postage and trans-
portation of letters, reports, documents and other
matter sent by express or freight, including boxes
or coverings for same ; for printing and furnish-
ing the legislative manual and the clerk's manual ;
for law and i^efei^ence books and,! publiqations
for the senate and assembly libraries, committees
and legislature; for legislative indices to senate
and assembly bills, journals and documents ; for
extra clerical services and engrossing; for fiiriti-
ture, alterations and repairs to legislative rooms,
and for other contingent expenses of the- legis-
lature, to be paid on the certificate of the clerk
of the senate or asaem^bly, respectively, one hun-
dred forty thousand , dollars. $140,000 00

This item 'appears to me to be greatly , in excess of the neces-
sary and proper contingent expenditures of the legislature. The
item entitled contingent Expenses was vetoed last year and for
the reason that it also was hot explicit, and a. special appropria-
tion of $75,000 for deficiency in necessary contingent expenses

378 Public Papers of Gtovebnok Sulzee

was approved bj me at the beginning of the session. It is,
therefore, apparent that the disap.proval of the item last year
was justified by existing conditions. The amount included in the
present bill is nearly double the total contingent expense found
necessary for the session of 1912, and inasmuch as I have no
authority to reduce the item to what I consider the proper
amount, I am compelled to disapprove it in toto.

Page 23, under the head of " Legislative " :
LEGISLATURE.

For the employment, if needed, prior to the legis-
lative session of nineteen hundred and fourteen,
of persons in the legislative bill drafting depart-
ment to assist in the preparation of proposed
legislative bills, such persons to be- designated
and their compensation fixed by the president
pro tempore of the senate and th& speaker of the
assembly, and paid on their certificate, four thou-
sand dollars, or so much thereof as may be neces-
sary. $4,000 00

There appears to be no apparent necessity for a bill drafting
■department while the legislature is not in session.

Pages 23-24 under the. head of " Legislative " :

LEGISLATURE.
Digest of Statutes Affecting the City of New York.
For the preparation, under the direction of the
chairman of the senate and assembly committees
on affairs of cities, of a digest of all independent
and collateral statutes affecting' in any way the
city of New York and each of the municipalities
comprised within or consolidated to form said
city and not contained in the Greater New York -
charter, ten thousand dollars, or so much thereof
as may be necessary, to be paid upon the certifi- :
cate of the chairman of said committees. $10,000 00

There are no revenues available for this purpose at this time.

Veto Messages 379

Pages 26-27 under the head of " Legislative " :

To Henry Salant, for personal expenses and coun-
sel fees incurred in the contest by George W.
Simpson, for the seat of the nineteenth senato-
rial district of the state of New York in nineteen
hundred and thirteen, to be audited by the coinp-
troUer upon the approval of the president pro
tempore of the senate and the chairman of the
committee on privileges and elections of the
senate, two thousand dollars. $2,000 00

The beneficiary of this item has already received a large
amount of salary, for an ofiieeto which he was not elected.

Page 29 under the head of " Legislative " :

PKINTIS'G.

For legislative £ind department printing:

for printing two hundred additional copies of
each senate bill, three . hundred additional
copies of each assembly bill, three hundre,d a(J^
ditional copies of each senate general bill and
five hundred additional copies of each assembly
general bill, ordered by resolution of the assem-
bly January fourteenth, nineteen hundred and
thirteen; for printing one thousand additional
copies of assembly HH number three hundred
and five, ordered by resolution of the assembly
January twesntieth, nineteen hundred and thir-
teen; for printing one thousand additional
copies of assembly bill number two hundred
and sixty-nine, ordered by resolution of the
assembly January twenty-second, nineteen hun-
dred and thirteen; for printing one thousand
additional copies of senate bill number two
hundred and thirty-five, ordered by resolution
of the senate January twenty-second, nineteen

380 Public Papers of Govbbnob Sulzeb

hundred and thirteen ; ; for' printing five hun-
dred additional copies of senate bill number; ;.
five hundred and forty-three, ordeij^d by reso-
lution of the senate January thirtieth, nine|een
hundred and thirteen; for printing .fifteen
hundred additional copies „of the testimony
and threjel. thpusand additional copies ipf.

Page 30 under the head of " Legislative ";:
the majority and minority reports of the joint
committee on the conservation and utilization
of" water power, ordered by concurrent resolu-
tion February sixth, nineteen hundred and
thirteen; for printing three thousand addi-
tional copies of senate bill number seven hun-
dred and thirty-six, ordered by resolution of
the senate February sixth, nineteen hundred
and thirteen ; for printing twenty thousand
additional copies of that part of the annual
report of the btireau of labor statistics coil- ''
taining the history of Typographical Union
Number Six, ordered by concurrent resolution
February eleventh, nineteen hundred and
thirteen; for printing five hundred additional
copies of ' assembly bill niiniber eleven hun-
, dred and ' fifty-nine, ordered by resolution of
the assembly Febrtiaii'y seventeenth, nineteen '
hundred and thirteen; for printing one thou-
sand additional copies of assembly' bill' num-
ber eleven hundred and forty-seven, carde'red'by' '
resolution' of the assembly February nine^- "
teenth, nineteen hundred aid thirteen; for
printing five hundred additional copies
of assembly bill' number eleven huii-
dred and twenty-six, ordered by resolu-
tion of the assembly February nineteenth,
nineteen hundred and thirteen; for

Veto Messages 381

Page 31 under the head of " Legislative":

printing five hundred additional copies of
assembly bill number two thousand and nine,
ordered by resolution of the assembly March
nineteenth, nineteen hundred and thirteen;
for printing twenty-five hundred additional
copies of assembly bill number twenty-four
hundred and thirty-three, ordered by resolu-
tion of the assembly March twenty-seventh,
nineteen hundred stiid thirteen ; for printing
five hundred additional copies of assembly
bill number eighteen h'andred and four,
ordered by resolution of the assembly April
fifteenth, nineteen hundred and thirteen; for
printing five thousand 'additional copies of the
report of the eommissi'oners of the Saratoga
Eeservation, ordered by concurrent resolution
April fifteenth,' nineteen hundred and
thirteen; for printing one thousand additional
copies of senate bill number 'fifteen hiiTidred
and sixty,' ordeared by resolution of the senate'
April sixteenth, nineteen 'hundred and
thirteen ; for printing one thousand additional
copies of senate bill number ten hundred
and sixty-four, ordered by resolution of the
senate April twenty-second, nineteen huii-''
dred and thirteen; for printing two hun-
dred and, fifty additional cdpies of senate
bill number forty-six, ordered by resolution
of the senate' April twenty-second, nineteen'

Page 32 under the head of " Legisl^tiy^ ", ^
hundred and thirteen; for printing one,; thou-
sand additiGiial copies of senate bill number
seventy-five, ordered, by resolution of the sen-
ate April twenty-second, nineteen hundred
and thirteem; for printing two thousand and

S82 Public Papers or Goveenob Sulzeb

fifty copies of senate bill number two thou-
sand and eighty-five, ordered by resolution of
the senate April twenty-second, nineterai hun-
dred and thirteen; for printing one thousand
additional copies of senate bill number two
hundred and thirty-five, and one thousand
additional copies of assembly bill number
three hundred and five, ordered by concurrent
resolution April twenty-secondj nineteen hun-
dred and thirteen ; for printing five thousand
additional copies of the report of the factory
investigating commission, ordered by con-
current resolution April twenty-second, nine-
teen hundred and thirteen; for printing two
thousand additional copies of the report of
the veterinary college at Cornell, ordered by
concurrent resolution April twenty-second,
nineteen hundred and thirteen; for print-
ing additional copies of the forest, fish
and game law aa:td a syllabus of the
, same, for distribution to members of. the
legislature and county, city and town clerks,
as provided by the conservation law, chapter
three hundred and eighteen, laws of nine-
Pages 33 under the head of " Legislative " :
teen hundred and twelve ; for printing the ses-
sion laws, as directed by the secretary of state,
for the year nineteen hundred and thirteen ; for
printing five thousand additional copies of the
final report of the Champlain Tercentenary
celebration commission, ordered by concurrent
resolution April twenty-ninth, nineteen hun-
dred and thirteen; and for supplying deficien-
cies in appropriations therefor, one hundred
and fifty thousand dollars, .or so much thereof
as may be necessary; all of which are hereby

Veto Messages 383

legalized and confirmed and shall have the
same force and effect as if the work therein
ordered had heen ordered by statute, and shall
be paid for at the amounts audited by the
comptroUeo?, in accordance with the contract
rates fixed therefor, in the contracts for
legislative and department printing for the
years in vsrhich such printing and binding was
done, to be paid only upon the filing of the
proper receipts in full for said items. $150,000 00

I consider that there is sufficient appropriation for printing in
the regular appropriation bill.

Pages 33 and 34 under the head of " Legislative " :

HIGHWAY INVESTIGATION.

For the expenses of a committee of , five members,
consisting of three senators to be appointed by the
president of the senate, and two members of the
assembly, to be appointed by the speaker of the
assembly, who shall constitute a committee for
the purpose of investigating the methods, con-
ditions and materials for maintaining and con-
structing highways, and the specifications and
letting of contracts, the construction of bridges
and traffic regulations on highways, said com-
mittee shall have power to employ necess.ary ,
assistants and conduct its investigations within
and without the state and shall be vested with
such powers as are usually vested in legislative
committees, the sum of thirty thousand dollars, or
so much thereof as may be necessary, is hereby
appropriated, the same to be paid by the treas-
urer upon the warrant of the comptroller, signed /
by the chairman of the committee. - ■ $30,000 00

I do not consider this investigation necessary.

384 Public Papers of Governoe Sulzer

Page 35 undfeT the head of " Legislative " : -

LEGISLATtTEE.

; OiwiGiAi,; Notices,

Por the St. Lawrence County Eepublican for pub-
lishing the concurrent resolutions of the legisla-
ture of nineteen hundred and ten, as designated
by the board of supervisors ■ of St. Lawrence
county, six hundred seven dollars. $607 00

There is nothing before me to enable me to determine that the
foregoing is a. proper disbursement of the state funds, i

Page 39 under the head of " Judicial " :

SUPKEME COUKT LIBKAEIES.

Por deficiency in appropriations for books, binding

and supplies for supreme court law libraries,

payable on the certificate of a majority of the

trustees of said libraries, as follows:

Law Library, Loh© Island City.
Second distrio't^'j Long Island City, two thousand

dollars. r $2,000 00

Law Library, •Saratoga Springs.

Pourth district, Saratoga Springs, three hundred

dollars. < ; : - , 300 00

Law Library, Utica.
Pifth district, Utica, five hundred dollars. 500 00

Law Library, Binghamton.
Sixth district-, Binghamton, one thousand dollars. 1,000 00

Law Libeaby, Delhi.
Sixth district, Delhi, four Wudred dollars. 400 00

Law Library, Elmira.
Sixth district,, Elmira, six hundred dollars. 600 00

Law Library, Pollbtt Memoriai., j!foRwicH.
Sixth district, Norwich, four hundred dollars. 400 00

Veto Messageh jS'i

Page 40 under the head of " Judicial " :

SUPKEME COURT LIBRARIES.

Law Library, Buffalo.

Eighth district, Buffalo, two thousand dollars. $2,000 00

Law Library, Newbuegh.
^Tinth district, ISTewburgh, four hundred dollars. 400 00

Law Library, Joseph F. Barnard Memorial, Poughkeepsie,
Ninth district, Poughkeepsie, six hundred dollars. 600 00

Law Library, White Plains.
Ninth district. White Plains, iive thousand dollars. $5,000 00
If there be an actual deficiency the officials responsible deserve
censure. Section 35 of the finance law provides as follows:
" Indebtedness not to be contracted without appropriation.
* * * A state officer, employee, board, department or com-
mission shall not contract indeibtediiess on behalf of the state
nor assume to bind the state, in an amount in excess of money
appropriated or otherwise lawfully available." The legislature
of 1912 appropriated specific amounts to the law libraries sup-
ported by the state. Any expeiiditui-e of money in excess of
such appropriation would be an unlawful expenditure, and can-
not be countenanced by the executive.

Page 42 under the head of " Judicial" :

APPELLATE DIVISION..
Fourth Department.

LAW library, ROCHESTER. ,

For deficiency in appropriation for books, binding
and supplies for the library of the appellate di-
vision of the supremle court in ' tlie fourth
judicial department, three- thousand five hundred
dollars. $3,500 00

If there be a deficiency, it is for debts unlawfully contracted,
and in violation of the provisions of section 35 of the finance
law of the state, and cannot be countenanced by the executive.
13.

386 Public Papers of Goveknoh Sulzek

Page 43 under the head of " Judicial " :
STATE EEPOETEE.
Office Expenses.
For defiQiency in appropriation for rent, furniture,
books, stationery, messages and other necessary
incidental office expenses, one thousand five hun-
dreddollars. $1,500 00

If there be a deficiency, it is for debts unlawfully contracted
and in violation of the provisions of section 35 of the finance
Isiw of the state, and cannot be countenanced by the executive.

Page 43 under the head of " Judicial " :

STATE BOAKD OP CLAIMS.

Judgments.

For payment of the judgments made by the board
of claims in claims before said board, other than
those on account of canals of this state, with in-
terest thereon as provided by la;w, two hundred
and fifty thousand dollars, or so much thereof as
may be necessary. $250,000 00

I cannot approve of this informal manner of disbursing huge
sums of state moneys. If there be actual judgments rendered
by the board of claims against the state to the amount^ of a
quarter of a million dollars, these should be itemized and pre-
sented to the legislature in a special act, so that the legislators
and taxpayers may know exactly to whom the money is paid and
the reason for such payment.

Page 47 under the head of " Regulative " :

DEPARTMENT OF HEALTH.

SUPPBESSION AND CoNTEOL OF COMMUNICABLE DISEASES.

For salaries and expenses of members of public
health council, district sanitary suJ»ervisors,
director of tuberfeulosis division, medical ex-

Veto Messages 387

perts, lecturers, public health nuTses, and for

necessary expenses incurred in the suppression

and control of communicable diseases, and for

deficiencies in the salaries of the commissioner

and deputy commission of health, thirtyTfive • •;

thousand dollars or so much thereof as may be -

necessary. $35,0,00 00

Very greatly increased appropriation has been provided in the
general appropriation act which becomes operative October first.
It appears to me that considerable time will be required to re-
organize the department on the, enlarged basis, and that this item
for immediate expenses can be dispensed with.

Postage and TKAKwroiiTATioN.
For- deficiency in appropriation for postage and
transportation, steel filing cases and office equip-
ment the sum of five thousand dollars or so mtich
thereof as may be necessary. $5,000 00

The alleged deficiency for which provisioii is made in this item
does not actually exist, but the department seeks to provide for
expansion requijed by new laws. A sufficient sum has been pro-
vided in the general appropriation act to cover all necessarj^ ex-
penses.

Page "48 under the head of " Regulative ":

PUBLIC SERVICE COMMISSION.
EiEST District.
For the elimination of grade crossings within the
jurisdiction of the public service commission for ;
the first district, pursuant to sections eighty-nine
to ninety-nine of the railroad law, being chapter
forty-nine of the consolidated laws, three hun-
dred and fifty thousand dollars. $350,000 00

There are no funds available at this time for this purpose.
Page 49 under the head of " Regulative " :

388 Public Papebs- of Govebnoh Sulzek

PUBLIC SERVICE COMMISSION,

Second Disteict.

For the elimination of grade crossings within the
jurisdiction of the public service commission
for the second district, pursuant to sections
eighty-nine to ninety-nine of the railroad law,
being chapter forty-nine of the consolidated
laws, two hundred and fifty thousand dolla,rs. $250,000 00

There are no funds available at this time for this puryiose.

Page 55 under the head of " Pegulative " :

HEALTH OFFICER, PORT OF NEW YORK.
Docks akd Coat, L'ockets.
For the erection of docks, coal pockets, and con- ., :
veyors, including the dredging for such docks
at Swinburne and Hoffman islands, the sum of
ninety thousand dollars, or so much thereof as
may be necessary. $90,000 QO

Water Cijxnections with the City of New Yoek.

For water connections with the city of New York
at Staten Island, ninety-two thousand dollars,
or so much thereof as may be necessary. $92,O,O0i 00

There are no funds available at this time for these purposes.

Pago 57 under the head of " Regulative " :

STATE -BOARD OF TAX COMMISSIONERS.

Mortgage Tax ExAiriNEEs' Salaries.

For salaries of five mortgage tax exainiiiers or
auditors in the mortgage tax bureau from May
first to September thirtieth, nineteen hundred and
thirteen, five thousand six hundred dollars. $5,600 00

Veto Messages 389

Mortgage Tax ^Examinees' Expenses.
For traveling expenses of additional mortgage tax
examiners or auditors in the mortgage tax
bureau, three thousand six hundred dollars. $3,600 00

There appears to be no imperative necessity at this time for
additional employees.

Page 60 under the head of '' Regulative " :

STATE SUPERINTENDENT OF WEIGHTS AND
MEASURES.
Office and Traveling Expenses.
For deficiency in appropriation for office and con-
tingent expenseis, t\vo hundred dollars. $200 00

Salaries.

For deficiency in salary, seventh grade, one em-
ployee, M^y first to .September thirtieth, five
hundred and twenty-five' (lollars. 525 00

For deficiency in appropriation of traveling ex-
penses incurred in the performance of their
official dutifes ' by the superintendent, his depu-
ties, assistants and inspectors, fifteen hundred
dollars. 1,500 00

Page 61 junder the head of " Regulal^ive " :

STATE SUPERINTENDENT OE WEIGHTS AND

MEASURES. ;■

For actual and necessary traveling expenses in-
curred in the performance of .their official duties,
by the superintendent of weights ^.nd measures
and the chief and principal weights and meas-
ures officials of the cities of the first class to
formulate regulations, as prescribed by statute,
five .^undj^d dollars. , $500 00

If there be an, actual deficiency in these fiends, it is contrary
to section thirty-five of the state finance . law, which prohibits

390 Public Papebs of Gtoveenok Sulzeb

state officials from contracting indebtedness in excess of appro-
priations and such practices cannot be countenanced by the
executive.

Page 68 under the head of " Educational " :

EDUCATIOlSr DEPARTMEN'T.

Eeimbuesing Village of Feedonia.
For reimbursing the village of Fredonia for paving
along the Fredonia Normal School on Center
street in said village, three hundred forty dollars
and seventy-four cents. $340 74

This docs not appear to be a proper charge upon the funds
of the state.

Pago 76 under the head of "Agricultural " :

DEPARTMENT OF AGRICULTURE.
Indemnities.
For the commissioner of agriculture for enforcing
the provisions of article five of the agricultural
law, for the purpose of paying indemnities for
cattle and horses condemned, appraised and
slaughtered by order of the commissioner of
agriculture, three hundred thousand dollars. $300,000 00

This item is too large to be approved without detailed informa-
tion regarding its propriety. If there be liabilities against the
state aggregating this amount, they should be itemized and pre-
sented to the legislature in a special act, so that the legislators
and taxpayers of the state may have full information regarding the
disposition of state funds.

Page 79 under the head of "Agricultural " :
STATE SCHOOL OF AGRICULTURE AT MORRISVILLE.

To make changes directed by the state fire marshal,

four thousand five hundred dollars. $4,500 00

Veto Messages 391

There are no funds available at this time to provide for the
work contemplated in this item.

Page 96 under the head of " Curative " :

STATE HOSPITAL COMMISSION.
, Maintenance Deficiencies.
The sum of three hundred fifty thousand dollars
or so much thereof as may be necessa,ry, repre-
senting an anticipated deficiency in the mainte-
nance accounts of the state hospitals for the year
ending September thirtieth, nineteen hundred
thirteen, is hereby appropriated. $350,000 00

It is ^impossible to approve an item for " anticipated de-
ficiencies," without giving official sanction to violation pf section
thirty-five of the state finance law, which prohibits state officials
from expending moneys in excess of appropriations made for
specific purposes. If the appropriations made for the mainte-
nance of the state institutions be found to be actually inadequate
for their support,^ it is the duty of the officials in charge of the
management of these institutions to present the facts to the
legislature, with detailed and explicit reasons why the appro-
priations have proved inadequate.

Page 96 under the head of " Curative " :

STATE HOSPITAL COMMISSION.
The unexpended balance of two thousand dollars
pf the appropriations made by chapter five hun-
dred forty-six of the laws of nineteen hundred
twelve for the salary and traveling expenses of
the legal commissioner of the state hospital com-
mission, is hereby reappropriated and made
available for temporary clerical and expert ser-
vices. ' $2,000 OO

Ample provision has boon Tnado for sufficient clerical help to
conduct this department.

392 Public Pap'bks ok Goveenok kSul/eu

Page 99 under the head of " Curative " :

MIDDLETOWN STATE HOSPITAL.
An unexpended balance of two thousand four hun-
dred sixteen dollars and eighty-five cents of the
appropriation of five thousand dollars made by
chapter five hundred thirty of the laws of nine-
teen hundred and twelve is hereby reappropriated
and made available for a new floor and fixtures
in the bakery. $2,416 85

This balallce remains after work for Tyhich original apprb-pria-
tion was 'intended has been completed., I do not approve: of
obtaining authority for new improvements in this manner.

Page 100 under the head of " Curative ":

UTICA STATE HOSPITAL.
The sum of fifteen thousand dollars, appropriated
by chapter five hundred and thirty of the laws of
nineteen hundred and twelve for " commence-
ment of work on new site, including railway spur,
power house, reservoir, water supply and lines,
and remodeling of buildings," is hereby reappro-
priated for new buildings, repairs and equipment
and farm operations. , ,i $15,000 00

This balance remains after work for which original appropria-
tion was intended has been completed. I do not approve of obtain-
ing authority for new improvements in this manjier.

Page 103 under the head of " Curative ":

STATE HOSPITAL COMMISSIOIST — GElSTERAL.

For balance of board moneys paid into the state
treasury during the year ending September
thirtieth, nineteen hundred and twelve, and not
made available for maintenance, the sum of
seventeen thousand four hundred forty-sev^ni dol-

Vi;'j:o 'MjEpsApiE^, . , 393

lars and seventy-one cents is hereby appropriated
and made available to supplement tbe mainte-
nance accoimts of the state hosptal commission
for the year ending September thirtieth, nine-
teen hundred and thirteen. $17,447 71

Sufficient sums have been provided in various items for the
proper maintenance of state hospitals.

Page 104 under the head of " Curative " :
STATE HOSPITAL COMMISSION — GENEEAL.

The unexpended Mbalance of one thousand eighty-
nine dollars and forty-four cents (re. $1,089.44)
appropriated iby chapters eight hundred ten of
the laws of nineteen hundred and ten, five hun-
dred forty-seven of the laws of nineteen hundred
and twelve and five hundred forty-six of the
laws of nineteen hundred and twelve, for graded
employees in the offiiCe of the state hospital com-
mission, is hereby reappropriated and made
available for the transfer of patients from one
hospital to another to relieve overcrowding. $1,089 44

I do not approve of the general practice of reappropriating
unexpended balances for purposes other than those intended in
the original appropriations.

Page 104 under the head of '' Curative":

STATE HOSPITAL COMMISSION — GENERAL

The sum of one thousand' six hundred dollars to
supplement the appropriation ma,de by chapter
five hundred, seven of the laws of nineteen hun-
dred and ten for extension to laundry including
equipment at the Central Islip State Hospital
is hereby appropriated. $l,60O 00

The improvements authorized in this appropriation are cared
for in a special act of the legislature.

394 Public Papers of Governor Sulzer

Page 105 under the head of " Curative " :
STATE HOSPITAL COMMISSION — GENERAL.
Investigation of the Caee of Insane.
To William E. Fitzsimmons, for services and dis-
bursements incurred in comparing per capita
expense of maintenance of insane institutions
and prisons in the states of Massachusetts, Con-
necticut, Pennsylvania, Ohio, New Jersey, with
those of New York state, entailing a compilation
of the law bearing upon the two subjects herein
named in the said several states, and an exami-
nation of all printed data and reports issued by
the respective departments charged with the duty
of caring for the insane and prisoners in the
states named, and including investigations made
at Columbus and Dayton, Ohio, for the purpose
of studying the operation and results of the state
board of administration of Ohio, all of which
covered a period from December twenty-first,
nineteen hundred and twelve, to May second,
nineteen hundred and thirteen, two thousand
five hundred dollars, to be paid upon the ap-
proval of the lieutenant-governor and the audit
of the comptroller. $2,500 00

There is no information before me to indicate that this is a
proper charge upon the funds of the state.

Page 106 under the head of " Charitable " :

STATE BOARD OF CHARITIES.
State and Alien Pooe.

For deficiency in the appropriation for furniture,
books, printing, messages and other incidental
office expenses, eight hundred dollars. $800 00

For deficiency in the appropriation for mainte-
nance, transportation and removal of state, non-
resident and. alien poor, seventeen thousand five
hundred dollars. 17,500 00

Veto Messages 395

If there be an actual deficiency in these items, it is contrary
to section thirty-five of the state finance law and cannot he ap-
proved by the executive.

Page 108 under the head of " Charitable " :
WESTERN HOUSE OF REFUGE FOR WOMEN, ALBION.

The unexpended balances of former appropriations

are hereby reappropriated for the same

purposes :

by chapter eight hundred and twenty-two, laws of

nineteen hundred and eleven, for herd of cows,

one thousand dollars (re. $1,000) ;

This appropriation has been in force two years and if ther.e
were actual need for an additional herd it would have been pur-
chased before.

by chapter eight hundred and eleven, laws of
nineteen hundred and eleven, for repairs and
equipment, four hundred forty-nine dollars
and thirty cents (re. $449.30) ;

Ample provision is made in general appropriation bill for
necessary repairs and equipment for ensuing year, and any sur-
plus from past appropriation should be^ returned to the treasury.

Page 110 under the head of " Charitable " :

NEW YORK STATE SOLDIERS AND SAILORS HOME,

BATH.

unexpended balance qf appropriation, made by
chapter five hundred and thirty, laws of' nine-
teen hundred and twelve, for repairs and equip-
ment to electric light plant and wiring of build-
ings at the soldiers and sailors' home, five
thousand six hundred dollars (re. $5,600).

This appropriation has been in force two years, and if there
had been real necessity the work would have been completed
before this time.

396 Public Papekh of Gtoveenok Hulzeb

Page 111 under the head of "Charitable":

XEW YOEK STATE REFOKMATOEY FOR WOMEN,
BEDFORD HILLS.

for motor, five thousand dollars ($5,000) is
hereby reappropriated for improvemtents to elec-
tric plant, and appropriations . for twenty horse-
power alternating current motor, six hundred
dollars ($600) is also reappropriated for im-
provement to electric plant.

For additional boiler, seven hundred one dollars
and twenty-five cents (re. $701.25).

Provision has been made for extensive improvements and
equipment for this institution in a special act passed by the legis-
latiire.

Page 111 under tlie head of "Charitable": ' '
NEW YOEK STATE REFORMATORY', ELMTRA, N. Y.

by chapter eight hundred and twenty-two, law& of
nineteen hundred and eleven, for reconstruction
of hospital (additional appropriation), one hun-
dred twenty-nine dollars and forty-five cents
(re. $129.45).

This appropriation has been in force twb years and the work
authorized has been completed, and the une^rpended ■ balance
should be returned to the treasury.

Page 112 under the head of " Charitable " :

NEW YORK TRAINING SCHOOL FOR GIRLS, HUDSON.

For repairs and equipment, one hundred sixty-
four dollars and seventy , cents (re. $164.70) ;

Provision has been made for extensive improvements and
equipment for this institution in a special act passed by the leg-
islature.

Veto Messages 397

Page 122 under the head of " Charitable " :

NEW YOEK TEAINING SCHOOL FOR BOYS, YOEK-
TOWN HEIGHTS.

For expense of board of managers, one hundred
eighty-two dollars and sixty-five cents (re.
$182.65):

Provision has been made in general appropriation bill for
necessary expenses of managers for ensuing year.

Page 123 under the head of " Protective " :

TRUSTEES OF PUBLIC EUIL DINGS.

FrRNisiiiNG Rooms ■ — Senate and Assembly.
To Callanan and Prescott, for furnishing certain
rooms in the senate and assembly wings of the
capitol, the sum of twelve thousand two hun-
dred and fourteen dollars and two cents, or so
much thereof as may be necessary, to be paid
upon the audit of the trustees of public build- ,,,

ings. $12,214 02

It appears that the furniture described in this item was actli-
ally purchased by the trustees of public buildings, and the amoimt
provided herein is principally to pay a commission or percentage
to the contractors mentioned. This item has not received the ap-
proval of the trustees of public buildings and, therefore, has not
been determined to be a just charge.^

Page 1 24 under the head of " Protective " :

DEPARTMENT OF PUBLIC BUILDINGS.
Contingent.
For moving and incidental expenses of state depart-
ments compelled to secure quarters outside the
capitol on account of fire, five thousand dollars
or so much thereof as may be necessary. $5,000 00

This item is not necessary.

398 Public Papees of Goveknoe Sulzeb

Page 124 under the head of " Protective " :

DEPAKTMEJSTT OF PUBLIC BUILDINGS.

Caee and Cleaning Services.

For services of elevatormen, orderlies, watch engi-
neers^ mechanics, laborers, porters, cleaners and
other necessary employees in the care and main-
tenance of the education building and in other
quarters temporarily occupied by the education
department, sixty thousand dollars. $60,000 00

In my judgment the care of the Education building should
be directly under the supervision of the officials of the depart-
ment of education. I have already disapproved the legislative
act transferring this duty to the superintendent of public build-
ings and, therefore, must disapprove the appropriation to make
the act eifective. I recommend that the legislature make a new
appropriation to the department of education, to provide funds
for the payment of such employees as are necessary to care for
the building.

Page 125 imder the head of " Protective " :

CdNSEEVATION DEPAKTMEN-T.

For deficiency in salaries of three deputy commis-
sioners from May first to September thirtieth,
nineteen hundred and thirteen, one thousand
eight hundred and seventy-five doUars. $1,875 00

There is no actual deficiency in the salaries of these deputy
commissioners. This item is to make immediately effective an
increase in their salaries from the present sum of three thousand
five hundred dollars ($3,500) each per annum to the increased
sum of five thousand dollars ($5,000) each per annum. I dis-
approved the increase itself in the general appropriation act as
unwa "ranted and unnecessary.

Veto Messages 399

Page 126 under the head of " Protective " :

COlitSERVATION DEPARTMENT.
Additional Employees.
For deficiency in salaries and expenses of such
necessary employees as the commissioner in
charge of the division of fish and game may deem
necessary to be employed in the division of fish
and ^ame for the protection of the same, twenty-
two thousand dollars, from June first to Sep-
tember thirtieth, nineteen hundred and thirteen. $22,,p00 00

There appears to be no imperative necessity at this time for
additional employees. :. , :

Page 127 under the head of " Protective " :

CONSERVATION DEPARTMENT.
Traveling Expenses — Counsel.
For deficiency in, traveling expenses of the counsel
to the commission, seven hundred and fifty dol-
lars, payable monthly in full for all such expenses
from April first to September thirtieth, nineteen '■.',<

hundred and thirteen. ■.: $750 00

The actual traveling expenses of the counsel are provided for
in the general appropriation made last year. No evidence of any
actual deficiency is before me.

Page 129 under the head of " Protective " :

CONSERVATION DEPARTMENT.
Division of Lands and Foeests.
protecting state's title To land.
For making surveys in protecting the state's title

and interest in state land in the forest preserve, '

and inapping,. et cetera, incident thereto, ten

thousand dollars. $1Q,000 00

This item is not necessarv.

400 Public Papers of Uovebjs^ok ISulzer

Page 130 under the head of " Proljective " :

CONSERVATION DEPARTMENT.

BuKEAU OF Marine Fisheeies.

For deficiency in salary of the supervisor and
deputy supervisor of marine fisheries from
May first to September thirtieth, nineteen hun-
dred and thirteen, one thousand two hundred
fifty dollars. $1,250 00

This is for an increase in salary for these positions and is not
necessary.

Page 130 under the head of " Protective " :

CONSERVATION DEPARTMENT.

Division of Inland Watees.
sueveys, investigations and eivee impeovement.
For surveys, plans, estimates, examinations, investi-
gations and reports and expenses incidental
thereto, and not otherwise provided for, as re-
quired by section twenty-one of the conservation
law, in connection with public water supplies,
and the improvement of .rivers and water-courses
within the state, fifteen thousa^ad dollars. $15,000 00

There are no funds available at this time for this purpose.

Page 131 under the head of " Protective " :

CONSERVATION DEPARTMENT.

Investigations of Rivee Stkdctuees.

For making investigations, plans, reports, et cetera,
under section twenty-two, article three of the con-
servation law, three thousand dollars. $3,000 00

There are no funds available at this time for this purpose.

Veto Messages 401

Page 132 under the head of " Protective " :

OONSEEVATION DEPAKTMENT.

State Dam, Sixth Lake.
For the conservation commission the sum of ten
thousand dollars, or sp much thereof as may be
necessary, for repairing the dam at Sixth lake in
Hamilton county and clearing out the channel
through Sixth and. Seventh lakes, such work to
be done by department forces or by contract,
whichever metih9d in the judgment of the com-
mission may seem to be for the best interests of
the state. $10,000 00

There are no funds available at this time for this purpose.

Page 132 under the head of "Protective" :

CORSEEVATION DEPAETMENT

PUBLIC LANBS.

Laxd Office EIxpenses.

For deficiency in appropriation for salary of the
land clerk in the office of the secretary of state
acting as secretary to the commissioners of the
land office, seven hundred and fifty dollars. $750 00

This is not an actual deficiency, but an increase in salary, which
is disallowed.

Page 133.

John Eobb.

For inspection of forest lands by John Eobb, and
commission for purchase of same, the sum of two
thousand five hundred and eighty dollars. $2,580 00

Tliere is no information licfore nio to indicate that this is a
proper charge upon state funds.

402 Public Papeks of Goveknoe. Sulzer

Page 133 under the head of " Protective " :

CONSEPVATlOlSr DEPAKTMENT.
Town of Haubietstown.

For the town of Harrietstown, Franklin county, for
the payment of the amount of taxes- levied or
which should have been levied, pursuant to sec-
tion twenty-two of the tax law, for the years eigh-
teen hundred and ninety-nine to nineteen hundred
and eleven, inclusive, upon the real property in
such town used by the board of trustees of Cornell
University for a college of forestry, under claim
of title by virtue of a deed or conveyauce from the
state pursuant to chapter one hundred and twenty-
two of the laws of eighteen hundred and ninety-
eight, which deed or conveyance has been deter-
mined by the court of appeals to be ineffectual
and void ; payable by the treasurer on the warr&nt
and audit of the comptroller to the supervisor of
such town for general town purposes, eight thou-
sand and twenty-four dollars and ninety-nine
cents. $8,024 99

There is no information before me to indicate that this is a

proper charge upon state funds.

Pages 133 and 134 under the head of " Protective " :

CONSERVATION DEPARTMENT.
Town of Santa Cuvea.
For the town of Santa Clara, Franklin county,
for the payment of the amount of taxes levied
or which should have been levied, pursuant to
section twenty-two of the tax law, for the years
eighteen hundred and ninety-nine to nineteen
hundred and eleven, both inclusive, upon the
real property in such town used by the board of
trustees of Cornell University foiv a college of
forestry, under claim of title by virtue of a
deed oi* conveyance from the state pursuant to / ~

Veto Messages 403

chapter one hundred and twenty-two of the laws
of eighteen hundred and ninety-eight, which
deed or conveyance has been determined by the
court of appeals to be ineffectual and void, in-
cluding taxes against such real property for the
years eighteen hundred and ninety-two and
eighteen hundred and ninety-five, levied on the
assessment roll of nineteen hundred, but re-
jected; payable by the treasurer on the warrant
and audit of the comptroller to the supervisor
of such town for general town purposes, three
thousand two hundred ninety-eight dollars and
sixty-seven cents. $3,298 67

There is no information before me to indicate that this is a
proper charge upon state funds.

Page 135 under the head of " Protective ":

CONSERVATION' DEPARTMENT.

Cayuga Natiokt of Indians.

For the Cayuga nation of Indians resident in Indian
territory for interest, being at the rate of five per
centum per annum for one year and to be paid in
two payments, one of one thousand eight hundi-ed
and thirty-three dollars and eleven cents on the
twenty-third day of October, nineteen hundred
and thirteen, and one of one thousand eight
hundred and thirty-three dollars and twelve cents
on the twenty- third day of April, nineteen hun-
dred and fourteen, on account of the settlement
negotiated by the commissioners of the land office
pursuant to chapter two hundred and fifty-five
of the laws of nineteen hundred and nine, and
approved by the governor, the sum of three
thousand six hundred and sixty-sij? dollars and
twenty-three cents. $3,606 23

There is no information beforCi me to indicate that this is a

proper charge upon state funds.

404 Public Papers of Govkhxok Sulzek

Pago 13G under the head of " Protective " :

COJSfSEEVATlOJST JDEPAliTMEJSfT.
Cayuga Nation of Indians.

To D. A. Plarvey and Eurdette Whipple, for fees
and disbursements, as counsel for the Caynga
nation of Indians resident in Indian territory,
t-he sum hereby appropriated to apply on the
principal amount due said nation from the state
under settlement negotiated by the eonimissioners
of the land office pursuant to chapter two hun-
dred and fifty-live of the laws of nineteen hun-
dred and nino, and approved by the governor,
nine thousand two hundred and seventy-one
dollars and seventy-eight cents. $9,271 78

There is no infomiation before me to indicate that this is a
proper charge ujjon state funds.

Page 130 under the liead of " Protective " :

FIEE MAKSHAL.

Official Salaeies.
For deficiency in salary of second deputy state fire
marshal from May sixteenth, nineteen hundred
and twelve, to September thirtieth, nineteen hun-
dred and twelve, four hundred thirty-seven dol-
lars and thirty-eight cents. $437 38

There is no actual deficiency in salary, as described in this
"item. This contemplates an immediate increase and is disallowed.

Page 136 under the head of " Protective " :
FIRE MARSHAL.
Graded Employees.

For the salaries of additional employees, July first,
nineteen hundred and thirteen, to September
thirtieth, nineteen hundred and thirteen:

Veto Messages' 405

tenth grade, two employees, twelve' hundred dol-
lars; $1,20'0 00

ninth grade, two employees, ten hundred fifty

dollars; l^OSg 00

eighth grade, one employee, four hundred fifty

dollars; 450 00

seventh grade, seven employees^ twenty-three

hundred twenty-five dollars; 2,325 00

sixth grade, fourteen employees, forty-one hun-
dred fifty dollars; 4,150 00

fifth grade, one employee, two hundred twenty-
five dollars. ' 225 00

There appears to be no imperative necessity at this time for
additional employees.

Page 137 under the head of " Protective " :

NIAGAEA EESERVATION.

Lining of Tunnels, et ceteea.
For lining of tunnel and space at foot of elevator,

ten thousand dollars. $10,000 00

There are no funds available at this time for this purpose.

Page 139 under the head of " Protective ":

WATKINS GLEN EESERVATION, ,

Shelter Pavilion.

For construction of a shelter pavilion south of
suspension bridge, including excavating and
grading, eight thousand dollars. $8,000 00

Concrete Dyke.

For constructing concrete dyke along Glen creek,

six thousand dollars. ' $6,000 00

There are no funjis availablo at this time for this pufpdse.

406 Public Papers of Gtovernok Sulzkk

Page 140 under the head of " Protective " :

SIE WM. JOHNSON MANSION.
Repaibs and Geading.
For moving and repairing barn and its abutments,
grading and filling around caretaker's cottage
and barn, one thousand two hundred dollars. $1,200 00

There are no funds available at this time for this purpose.

Page 141 under the head of " Protective " :
CLINTON HOUSE
Eepaies, Et Cetera.
For the Mahwenawasigh Chapter of the Daughters
of the American Eevolution, for repairs and
restoration of Clinton House, three thousand
dollars. $3,000 00

There are no funds available at this time for this purpose.

WASHINGTON'S HEADQUARTEES.

For the restoration of Washington's Headquarters
at Newburgh, to as near its original condition as
possible, the sum of two thousand dollars. $2,000 00

There are no funds available at this time for this purpose.

Page 149 under the head of " Constructive " :

"•■■o

DEPAETMENT OF PUBLIC WOEKS.

The sum of seven hundred do'lars, or so much there-
of as may be necessary for payment, pursuant to
the provisions of chapter four hundred and
eighty-one of the laws of nineteen hundred and
twelve, of the expense of procuring oificial bonds
required by law to be executed and filed by the
superintendent of public works, the deputy super-
intendent of public works, the three assistant
superintendents of public works and the seventeen
superintendents of canal repairs. $700 00

This is a duplicate of another item contained in this act.

Veto Messages 407

The sum of five thousand dollars, or so much thereof
as may be necessary for necessary repairs and
maintenance of structures which have been con-
structed by the superintendent of public works,
on and connected with waters of this state, and
which are not included as part of the canal system. $5,000 00

This is a duplicate of another item contained in this act.

Page 15'2 under the head of "Constructive":

DEPARTMENT OF PUBLIC WORKS.
For the reconstruction of about two hundred feet of
the causeway or dyke on the east side of the Black
river between the bridge over Black river and
the abutment of the state dam over said river, the
sum of one thousand dollars, to be expended for
such purpose by the superintendent of public
works upon plans and specificaticna fumisheo
by the state engineer and surveyor. $1,000 00

This is a duplicate of another item contained in this act.

Page 154 under the head of " Constructive " :

DEPARTMENT OF PUBLIC WORKS.

For the superintendent of public works, the sum of
fifty thousand dollars, or so much thereof as may
be necessary for improving that portion of
Cattaraugnis creek in the town of Sardinia, Erie
county, from the point at which the public high-
way known as the Creek road crosses said creek
to a point at or about the so-called Tavern farm
in said town, by the construction of walls,
cribbing or by other sufficient means for the pur-
pose of protecting said public highway in said
town, such work to be done either by contract or
by department forces whichever method in the
judgment of the superintendent of public works
shall bo for the best interests of the state, but'

408 Public Papbrs of Gtoverkor Sulzeb

none of said work shall be done until the owners
of adjacent property shall file in the office of the
superintendent of public works proper instru-
ments in writing, granting tO' the state the right
to enter upon and use such lands as may be
necessary for progressing said work and releas-
ing the state from any damages which may result
in consequence of such entry or use, or by reason
of any work done under this act. $50,000 00

There are no funds available at this time for this purpose.

Page 154- under the head of *' Constructive Department of
Public Works " :

Saeanac Eivee.

For removing dead and floating timber and ren-
dering safe and navigable the Saranac river be-
tween the dam across said river at the junction
of Main street and Maple street in the village of
Saranac Lake, and the easterly continuation of
the southerly bounds of the land conveyed to
Jennie Branch by Milo B. Miller in the town
of Harrietstown, county of Franklin, the sum
of ten thousand dollars or so much thereof as
may be necessary. $10,000 00

There are no funds available at this time for this purpose.

Page 155 imder the head of " Constructive Department of
Public Works " :

Lake Keuka Outlet.
For dredging the outlet of Lake Keuka and for
repairing the dike protecting the same, thirty
thousand dollars, or so much thereof as may be
necessary, is hereby appropriated; the work to
be done under the direction of the superintendent
- of public works. $30,000 00

There are no funds available at this time for this purpose.

VETd Messages 409

Bridge, Lakes Wanitta and Lakoma, Schuyler County.

For constructing bridge over channel between Lake
Wanitta, known as Little lake, and Lake Lakoma
in Schuyler county, and for dredging and clear- ,

ing channel, six thousand dollars. $'6,000 00

There are no fimds available at this time for this purptise.

Pages 160 and 161 under the head of " General Insunmce
Department " :

WORKMEN'S COMPENSATION BUREAU.

Services and Expenses.

For furniture, equipment, repairs, rent, blanks,
printing, stationery, messages,, postage and trans-
portation of letters, official documents, and other
matters sent by express and necessary office ex-
penses, salaries and traveling expenses p:^ em-
ployees, and all other expenses incideiit to
carrying out the provisions of the amended in-
surance law in relation to assuring compensa-
tion to workmen injured in the course of their
employment, the sum of seventy-five thousand
dollars, or so much thereof as may be necessary. $75,000 00

This item was inserted tp provide for the organization of a
new division contemplated in an act passed by the legislature but
disapproved by me. The executive disapproval obviates the
necessity for any appropriation.

Page 161 under the head of " General ":

' '"" INDUSTRIAL COMPENSATION BOARD.

For salaries of chairman, members of the board,
Secretary, clerical fprce, traveling expenses of
members of the board and employees, rent, equip-

410 Public Papeks of (toveknob Sulzer

ment, blanks, printing, stationery, messages, post-
age and transportation of letters, official docu-
ments, and other matter sent by mail or express,
and all other expenses incident to carrying out
the provisions of the amended insurance law in
relation to assuring compensation to workmen
injured in the course of their employment, the
sum of seventy-five thousand dollars, or so much
thereof as may be necessary. $75,000 00

Provision for the expenses of this board, which was created
by the legislature of 1913, has been made in the general appropri-
ation act which becomes operative October first. It appears to me
unnecessary to appropriate any funds for work before that time.

Page 162 under the head of " General " :

EEDEMPTIOi^ OF LANDS.

For deficiency in the appropriation for the Sara-
toga battle monument dedication commission
created by chapter four htmdred eighty-nine, laws
of nineteen hundred and twelve, two hundred and
forty-four dollars. $244 00

This is "a duplicate of another item contained in this act.

STATE BOAED OF CLAIMS.

Judgments.

For payment of judgments made by the board of
claims in claims before said board on account of
canals, with interest thereon as provided by law,
forty thousand dollars. $40,000 00

If there be judgments, against the state aggregating this amount,
they should be itemized and presented to the legislature in a spe-
cial act.

Veto Messages 411

Page 165 under the head of " Highway Improvement Fund " :

HIGHWAY IMPROVEMENT FUND,
the six division engineers and for salaries of
three division engineers as provided by chapter
eighty of the laws of nineteen hundred and thir-
teen, the sum of seven thousand five hundred
dollars, or so much thereof as may be necessary. $7,500 00

This is for an increase in salary for these positions and is not
necessary.

(Signed) WM. SULZER.

HEMORANDA ON LEGISLATIVE BILLS
APPROVED

V
MEMORANDA ON LEGISLATIVE BILLS APPROVED

Making an Appropriation to Compensate Necessary
Special Counsel Employed by the Attorney=Qeneral
and Incidental Expenses Necessarily Incurred on
Behalf of the State in Opposing a Writ of Habeas
Corpus Sued out on Behalf of Harry K. Thaw

State of New York — Executive Chamber

Albany, March 15, 1913

Memorandum filed with Assembly Bill, Printed
No. 843, entitled:

"An act making an appropriation for the ex-
penses incident to the proiseeding entitled ' The
People of the State of New York ex rel. Mary C.
Thaw, against John W. Eussell, medical superin-
tendent of Matteawan State Hospital.' "

Appeoved

This bill is to compensate necessary special counsel
employed by the Attorney-General, and incidental ex-
penseSi necessarily incurred on behalf of the State in
opposing a writ of habeas corpus sued out on behalf
of Harry K. Thaw.

There is no doubt about the reasonableness of the
charges, nor their necessity. However, I am opposed
to a bill of this type of special legislation, for the
reason that a fund sufficient and ample should be
placed under the jurisdiction and control of the Attor-
nej^-General of the State, to meet this class of expenses.
Tn such event it would.be unnecessary to take up the

[4ir,i

416 PUBJJC PaPEKS ok GtOVI^KXOK tSui^ZEll

time of tlie Legislature in considering such measures
and the large expense which I am advised is imposed
upon the State by the passage of a legislative bill
would be saved.
I reluctantly give my approval to this hill.

(Sighed) WM. SULZER '

Amending the Banking Law, in Relation to Savings
Banks and Vacancies in the Oifice of Trustees of
Such Banks

State of I^ew Yobk — Executive Chambek

Albany, Mai ch 24, 1913

Memorandum filed with Senate Bill, Introductory
No. 311, Printed No. 318, entitled:

"An act to amend the banking law, in relation
to oaths of trustees of savings banks, their qualifi-
cations for a continuance in office, and vacancies
in the office of trustee. ' '

Approved

A bill similar to this measure was vetoed by Gov-
ernor Dix on July 19, 1911. Governor Dix stated :

" This bill amends the Banking Law in relation
to savings banks and vacancies in office of trustees
of such banks.

' ' It provides that between the first day of Jan-
uary and the first day of April in each year every
trustee of a savings bank shall take and subscribe
an oath that during the preceding calendar year
he lias, so far as devolved upon liim, diligently
and honestly administered the affairs of the corpo-
ration, and that he has not knowingly violated, or

Memopanua on Legislati\'e Bili^s Appboved 417

.,, ;i\vi.llhigly permitted to be violated, any of the pro-
visions of la.w applicable to such corporation.
Such oath shall be certified by the officer before
whom it is taken and shall be transmitted to the
Superintendent of Banks and filed and preserved
. in his office.

" I can cqnceive of no good reason why the duty
which now devolves upon trustees .of savings
banks under the law should be extended as, pro-
posed by this bill. In my judgment, it needlessly
places in the statute things which are unnecessary.
,f'No sufficient reason or argument can be ad-
vanced for this amendment and for this reason I
disapprove the bill. "

Concerning this bill Hon. George C. Van Tuyl, Jr.,
State fSuperintendent of Banks, recommended that my
approval be given to this measure and states his rea-
sons as follows:

" This is a departHient bill prepared by my
direction to carry out the recommendation made
' by me in my annual report to the Legislature.
" Until about six years ago', the trustees of sav-
ings banks were not even required to take a pre-
liminary oath of office. After the panic of 1907,
the law was so amended as to provide that trustees
thereafter elected of appointed should take an
' diath of office. "When the Stat6 Savings Baiik and
the Washington State Savings Bank Were closed
as; a result of gross misconduct on the part of
.officers and trustees some persons whose names
had been reported to this Department as trustees
' denied iany responsibility for conditiohs, and made
various statements in an endeavor to relieve them-
selves of responsibility. Some stated that they
"^ "" .14

418 Public Papers of Goveknok Sulzeb

had never qualified as trustees. Others that they
liad resigned at a time antedating the acts which
resulted in the failure of these institutions.

" Under the law, however, no papers were on
file with this Department by which their asser-
tions could be disproved. The present bill makes
■ it corhpulsory for every trustee of a savings bank
of the State who has never taken an oath of office
to qualify himself for the position he holds by
taking an oath of office. It also provides for the
filing of a qualifying statement by them annually,
so that in the case of savings banks as well as in
the case of other monied corporations subject to
the supervision of this Department, we "vH.ll be
able to check up the trustees each year to see that
vacancies are properly filled and have some evi-
dence that those who are reported to us as trus-
tees of such institutions are actually engaged in
the exercise of their duties. This arnendment to
the Banking Law would greatly aid us in the work
of supervision and add to the protection afforded
to the depositors with the savings banks of the
State."

Disposition of the Real Property of Caroline Palmer,
Deceased, for the Payment of Debts and Funeral
Expenses

State of New York — Executive 'Chamber

Albany, March 26, 1913

Memorandum filed with Assembly Bill, Printed No.
1319, entitled:

"An act to declare the effect of the appearance
by the attorney-general in a proceeding in the sur-

Memokanda on Legislative BiLLs A improved 419

rogate's court of the county of Putnam for the
disposition of the real property of Caroline Pal-
mer, deceased, for the payment of debts and
funeral expenses." *

Ai?PE0VED

The object of this bill is to declare valid and effect-
ual the appearance by the Attorney-Genei'al in a pro-
ceeding in a surrogate's court in Putnam county, for
the disposition of the real, property of Caroline Pal-
mer, deceased, for the payment of debts and funeral
expenses.

I intend to adhere to my rule not to approve special
legislation, except under extraordinary circumstances,
when the interests of justice require it.

I consider that this bill though special legislation
should meet with fliy approval, for the following
reasons :

This bill was drafted and approved by the Attorney-
General, and in recommending his approval to this
measure has submitted to me the following written
statement :

' ' The material facts necelssary for proper con-
sideration of this bill may be briefly stated as
follows:

" Caroline M. Palmer died intestate March 19,
1907, a resident of Putnam couilty, without heirs-
at-law or next of kin, and leaving personal prop-
erty valued at $225 and real Estate valued at
$4,000. Letters of administration were issued on
March 25, 1907, to Henry B. Stevens. The blaims
of creditors filed against the estate tota,! $2,520.44.
The administrator coinmenced a jirdceedihg on
November 30, 1908, to sell the decedent's real

420 Public Papeks qf Govbknoe Sulzer

estate to pay tJie debts, and a citation was issued
to the people of the State of New York and notice
of appearance was filed by Attorney-General
O'Malley in behalf of the people on Januaify 22,
1909. Thereafter the real estate was sold for
$4,000, pursuant to order of the Surrogate 's Court
of Putnam county and distribution of the proceeds
was about to be made when Attoi'ney-G-eheral
Carmody came into office. The proceeding was
carefully examined and this Department deter-
mined that the appearance by Attorney-General
O'Malley on January 22, 1909, was invalid be-
cause there was no provision of law authorizing
the people or the Attorney-General to be cited and
to be made a proper party to such a proceeding.
This Department objected, therefore, to tlie dis-
tribution of the proceeds of the sale and the Sur-
rogate sustained the objection. It is very appar-
ent that it is manifestly unfair that the valid
claims of creditors should remain unpaid by
reason of this invalid appearance of the Attorney-
General. Accordingly, relief was sought from the
Legislature in the bill now under consideration.

" The bill under consideration proposed, to vali-
date the appearance of the Attorney-General in
the above proceeding and is applicable only to this
specific proceeding. Weideem.it advisable not to
have a general a,ct validating all similar proceed-
ings prior to the enactment of chapter 437 of the
Laws of 1911, which provided that the Attorney-
General was a proper party to a proceeding to
sell decedent's real estate where the dec«_»dent died
without heirs-at-law or next of kin.

"It cannot be maintained, that the original pro-
ceeding to sell the decedent's real estate could be

Mem'orand'a on LstiiSLATiVE BilLs j^PPROVED 421

discontinued and a new proceeding started. The
Statiite 5f Limitations' has run, inasmuch as more
than three years have expired since letters of
administration were granted by the Surrogate's
Court of Putnam ■ coiihty. Section 2750 of the'
Code." • ■ : ,

(Signed)' WM. SULZER

Amending the Membership Corporations Law, Prohibit"
ing the Formation of Cemetery Corporations in
Nassau County

State ox New Yobk — Executive Chamber

• iALBANY, March 27, 1913

Statement by the Governor at the conclusion of the
hearing on March 27, 1913, on Assembly Bill, Printed
No. 833, entitled:

yiiii

''An act to amend the membershirj corporations

I |...:Iaw: to prohibit, the formation of cemetery corpo-

ratiops to operate in the county of Nassau, and to

prohibit the acqu,iring, seating apart or. using of

_ land for cemetery purposes in said. county epccept

for family cemeteries."

Approved ,", i .

Gentlemen.'-^'I have given much thought and caffe-
ful' consideration to this legislation. It was ray pur-
pose at first to veto this bill, because of information
that it was a political bill, passed to influence income
way the election of supervisors in Nassau county,
' Haviiig' received many telegrams and wiitteh com-
munications both for and agairist the bill, I determined

422 Public Papers oi' Governok Sulzbk

that before passing upon the measure I would aflford
all those interested an opportunity to be heard, and
accordingly held this public hearing in the Executive
Chamber.

However, I am now satisfied from all the testimony

of disinterested citizens of Nassau county, that my

approval, or disapproval of the bill will not in any way

■affect the election of candidates on the first day of

April next.

Then the argument of the Superintendent of Banks
regarding the depositors in the Borough Bank satisfied
me that no matter what disposition is made of this
bill, it will not affect directly or indirectly the rights
of the depositors of that bank. My judgment is, that
if the Superintendent of Banks looks after the rights
of the depositors — as I have no doubt he will — that
he will get for them a great deal more money ulti-
mately than under the contract to which reference has
been made.

The only other question in regard to this matter is
Home Eule. If I were convinced that the signing of
this bill would be an invasion of the Home Rule rights
of Nassau county, 1 would veto it. The bill does not
violate Home Eule. The Legislature has passed sim-
ilar biUs relating to other counties and my predeces-
sors have signed them.

By chapter 702 of the Laws of 1910, approved by
G-pyernor Hughes, section 1539a of the Greater New
York charter was amended by prohibiting the creation
of any further cemeteries in Queens county, and by
chapter 463 of the Laws of 1912, approved by, Gov-
ernor Dix, the same section was further amended pro-
hibiting the creation of any additional cemeteries in
the county of Richmond.

Memoranda on Legislative Bills Approved 423

The situation in Nassau county is known pretty well.
There are many cemeteries in that county, and under
the terms of this bill these cemeteries can be extended
so long as they take in contiguous territory. So I have
no dotibt that for maily many years to come there will
be ample facilities in Nassau county for the burial of
the dead.

The fact that the territory in the neighborhood of
Greater New York is limited appeals to me. It is
appreciating in value rapidly. I am in favor of giving
the people in Greater New York an opportunity to get
out of the congested districts and own little homes in
the suburbs where they can live, have fresh air and
l^-^ng up th^ir obildrein. to be strong and vigorous and
healthy. I must consider the rights of the living.

Hence, viewing this niatter purely as a matter of
public policy — for the general welfare ^ — I believe
there should be no more cemeteries in Nassau county.
That is a matter for the good of the State and rises
superior to the interests of the locality. But beyond
that no one can charge this as being a bill in violation
of the doctrine of Home Rule, because it comes purely
within the police power of the State. It relates to all
the people generally; It affects them in regard to
matters to which reference has been made, and it fur-
ther affects them materially in regard to health.

Speaking, therefore, disinterestedly for the general
welfare ; speaking for the future ; it is my judgment
that Nassau county should not grant more of its lands
for cemetery purposes. I believe that as the months
come and go, and the years pass away, the writing; of
this bill upon the statute books of our State will be in
the interest of all the people and for tlie benefit of the
general welfare.

■424 Public Papers of (xoye^nok ^p/.^^, :-

Therefore, I have made up my mind, for tb,e, reasons
stated, tp sign this bill; and in doing so I intend tp.filp
this statement with it; and just as sur^ as I si^ here,
I believe the people of Nassau county will approve my
action.— if not just now, then certainly, they will in
tho: next few years.

Knowing what I do about the limited area in,Grreater
New York, and looking to t^e ^ f uturp, , and acting for
the good of coniing generations^ I have made up my
mind to sign this billl ,

\(Signed) WM. SULZER

Amending the Railroad Law, Prescribing tlie Minimum
Number of Employees to be Employed in the Oper-
ation of Certain Trains. Known as the Full Crew Bill

State oe New Yobk — Execxjtive Chambee

Albany, MarcK 3i, 1913

Memorajidiim , filed with Assembly Bill No. 1526,
entitled:

"An act to amend chapter four hundred and
eighty-one of the laws of nineteen hundre.d an,d
ten, being chapter forty-nine of the consolid^ed
laws,, known as the railroad law, by adding a sec-
tion thereto prescribing the minimum number of
employees to be employed in the operation of cer-
tain trains."

AtPKOVED' , .

, Thi^ bill provides, in substance, that, railroads; ruur
niijg tiirougb the State of New York, sh,all havQ theii:
trains suitably manned by a sufficient number of com;

Memobanda on Legislativb'Bills Approved 425

peteiit men to prevent vf recks, protect property, and
conserve human life and limb.

It is a most important nieasure, and. I have given
the subject matter careful consideration with the view
of doing substantial justice to all concerned, and pro-
moting the greatiest good for the greatest number.
. Similar bills have passed the I^egislature twice be-
fore but did not meet with Executive approval, because
it' was believed the Public Service Commission had
power to remedy tlie evils of' which complaint has fre-
quently been made. This has not been done, aiid the
matter is now beforfe me for official action.

Considering the fact that the Ltegislature has by an
overwhelming vote again passed the bill I am bound to
assume that this measure' concerns the general welfare
and that the people want it enacted into law. I shall
not shirk itiy duty to humanity.

It cannot be called class legislation, as it affects
substantially all the people, and has been adopted with
good results in other States, and in my judgment will,
ere long, be the law'in rhore of the States.

The only objection to the measure on the part of |;he
railroads appears to be that it will increase to some
extent the cost of operation, by reason of the fact thiat
a few mpfe men will hkve to be employed on some of
the trains. The same objection could be urged with
equal force to any improvement in the method of rail-
road operation.

'My 'judgment is that the conservation of human life
and limb is as important l;o the people as a little addi-
tional expense in the operation of these common car-
riers. The State for its oVii welfare has a right to
demand the employment upon the railroads of every
safety appliance, whether mechanical or human, in the
interest of life and liihband greater safety standards.

42^ Public Papers of Govesnob Sulzer

In my annual -message to the Legislature I said:
"Any achievement that is purchased at the continued
sacrifice of human life does not advance our material
resources but detre^cts from the wealth of the State,
The leaders of our civilization now realize these funda-
mental tj-uths, and the statesmen, the scientists, and
the humanitarians are endeavoring more and more to
proitect human life, apd to secure to each individual not
only 1;he right to life, but the right to decent standards
of living. We have had to change old customs and
repeal antiquated laws. We must now convince em-
ployers that any industry that saps the vitalityand
destroys .the initiative of the workers is detrimental
to the best interests of th^ State and menaces the
general welfare of the Crpyernment."

Every safeguard it seems to me should be employed
by the railroads to prevent wrecks, to protect the
property of shippers, and to conserve human life and
limb — not only of the employees but of the traveling
pjiblio-, The progressive spirit of the time demands it,
and the trend of present-day legislation is all that way.

The inauguration of these reforms, in my opinion,
will create greater safety, and establish more efficiency
in the operation of railway .transportation, and in the
end prove economical to the railroads, by preventing
wrecks, with the resultant loss of life and limb, entail-
ing necessarily great financial Iqss in damages to the
railroad companies.

At all events between the extra cost in dollars and
the extrai cost in lives, if 1 exr at all in reaching an
equitable conclusion regarding official action on this
bill, I prefer to err on the side of life and limb and
flesh and blood.

The law requiring airbrake equipment, self -couplers,
standardization of equipment, hours of service limits.

Memoranda on Legislative Bills Appkoveo 4'i7

and boiler inspection niet with practically the saine
opposition that is now urged against this measure, and
yet I venture to say feW if any common-sense railroad
officials would favor the repeal of a single one of these
salutary acts.

It is amazing to note the number of people killed,
or injured each year on the railroads. The statistics
show that during the year ending June 30, 1911, more
than ten thousand persons were killed and over a hun-
dred and fifty thousand people injured on our rail-
roads, and of these over three thousand, or about
35 per cent, of the killed, and over a hundred thousand,
or about 75 per cent, of the injured, were railroad em-
ployees. It seems strange, in view of modern safety
devices, that so large a number of employees should
be killed and injured every year.

The bill in niy opinion is not unjust to the railroads,
but simple justice to the railway employees and to the
much-concerned traveling public. Their rights must
not be overlooked -r^ especially in view of the appalling
facts that during the twenty-four years covered by
the statistics of the Interstate Commerce Commission,
188,037 persons have been killed, and 1,395,618 persons
injured on the railroads of the United States, This
is an average of 7,835 persons killed and 58,150 in-
jured each year, or an annual total of nearly 66;000
persons killed and injured. This means that for every
day during the past twenty-four years 181 persons
have been killed or injured — nearly eight every hour,
or one every seven minutes, with the regularity of
clock work. The ravages of' war pale into insignifi-
cance before these sad and silent indications of the
destruction of human life and limb accompanying the
peaceful operation of our railroads.

428 PpBLip PaPEES of GrOVEKJfOE SULZEB

This bijl I ;bel;i,eye, is in the inte:rest of humanity, fox.
the general welfare, will go far to change foi- ,t^,
better these deplorable statistics in the future, and
once upon the statute books .will meset with popular"
approval and never be repealed. .. ■

Hence all things considered, I shall sign the bill .for
the good of tiie State.

' (Signed)^ WM! SULZEB ,'

Amending Code of Civil Procedure, Relative to Con-
tributory Negligence In an Action to Recover Dam-
ages for Causing Death

I

State of New York — Executive Chamber

Albany^ April 7, 1913

Memorandum filed witL Senate Bill, Printed No.
1457, entitled:

"An act to amend the code of civil procedure^'
in relation to the burden of proof of contributory
negligence in an action to recover damages for
causing death."

Approved

This bill amends the code of civil procedure by add-
ing a newsaction (841 -b.) providing that on a trial. of an,
action to recover damages for causing death, the con-
tributory negligence of the person killed shall be a-
defense, to be so pleaded and proven by the defendant,

A bill of broader scope, which included all , actions
brought to recover damages for personal injuries, in-
cluding those causing death, was vetoed by Governor
Dix on April 18, 1912. Governor Dix then stated:

MEMOJ^tANDA OK LEGISLATIVE BiLLS APPROVED 429

<< Tl

Thi,S;nieasni'p * " *, while ap])aro'iitly a
step in the right direction, I consider that the
question should be more carefully considered and
discussed, which I trust may be done at the next
legislative session." »

The right to bring an action for damages for death
through negligence is wholly a matter of statute. In
thirty-one States, in the District of Columbia, in the
Federal Courts and the Canadian Courts, the burden
of proving contributory negligence is held to be a de-
fense and the proof rests upon, the defendant. In oply
eight states, other than the State of New York, is the
burden placed on the plaintiff to negative contributory
negligence by proof.

The New York ru4e is against the great weight of
authority and the amendinent in judicial procedure
accomplished by this bill will place the Einpire State,
in this particular, on an equality with the other more
progressive States of the Union.
-■ ■ (Signed) WM. SUI.ZER

Amending General Qity Law, Home-Rule BiH, Providing
Adequate Power of Local Government for the Cities
of the State

State op New York — Executive Chamber

Albany, April 10, 1913

Memorandum filed with Senate Bill, Printed No.
1560, entitled :

"An act to amend tJie general city law, in rela-
tion to the powers of cities."

Approved

430 Public Papeks of GtOveenoe Sulzek

The Democratic State platform, adopted at the last
convention in Syracuse on October 2, 1912, pledged
itself to enact genuine home rule for cities. The plat-
form read:

" Home Eule, so often violated by the Repub-
lican party, has long been a leading Democratic
principle. We favor general legislation con-
ferring on all cities full powers of local self-
government to enable them to control their local
affairs and property."

In my first message to the Legislature I said :

' ' Let us stand squarely for home rule and loc9,l
self-government — home rule for the State — - for
the reserved rights of the _ State — against en-
croachments by the central government at Wash-
ington. Home rule for the counties, and the
cities, and the towns, and the villages of the State,
against legislative tinkering and invasion."

In a recent address to the mayors of the cities of
our State, I said:

" Genuine home rule is a part of my political
religion. I believe in local self-government for
village, and for town, and for city, arid for county ;
and I know by long experience that the people are
capable of local self-government. A denial of this
proposition is an indictment of American intelli-
gence and patriotism.

" No man in all this land is a greater believer
than I am in the doctrine of home rule as a funda-
mental right. Long experience has taught us that
many of the evils the people want remedied; that
most of the things the people want done; can be
remedied, and can be done, through local agencies.

Memoeanda (jn Legislative Bills Approved 431

,. without interference, or invasion, by, the National
or the State Legislatures.

,^ "Home rule is the demand on the part of the
jPeople to be trusted, trusted to govern themselves.
Democracy, rather than class interest, is becom-
ing intelligently organized. With the growth of
cities they are becoming political units of great
importance to the State. The opponents of home
rule distrust Dehiocracy, but I do not fear the
people. I fear special privileges."

The present bill meets with the approval of all true
municipal refornaers. It fulfills the pledge contained
in the Democratic platform. Without dpubt it is the
longest step forward toward reaLhome rule ever taken
ii;i ;this Sti^te. , , ,' ,

The measure was.carefi^lly drafted, redrafted, ^nd
seyeral times amended by some of the foremost
students of municipal government in the United
states. The bill has met with the approbation of the
State conference of mayors; of the Municipal Govern-
inent Association; of the Citizens tJnion; of the
majority of the mayors of the different cities of the
State; of the leading recognized authorities on the
subject; of patriotic publicists; of leading editors ; and
of innunierable civic organizations.

The treinendous importance to the people of ttis
general law can hardly be exaggerated. It gives the
cities of thB Empire State sweeping powers, making
thera supreme an,d equipping them with full iatithority
to carry out and perform all the requisite functions of
local self-government' and unshackles, emancipates,
and liberates our municipalities from interference by
the Stiate Legislature.

The city is made free and independent, and becomes

432 Public Papers oi^' Govbbnob Sulzkr

in trutli a self-governing community — supreme in all
distinctly local, matters. This bill makes the doctrine
of municipal freedom an established fact. It places
the administration of city functions into the hands of
the local citizens. It creates and establishes the rule
of the people in alllpcal matters.

The great changes, and far-reaching results, which
will follow in the next few years from this grant of
genuine local self-government from the present Demo-
cratic Legislature cannot, in my opinion, be over-
stated or over-estimated.

The bill gives home rule in its broadest sense. If
grants to all cities of the State power to regulate,
manage, and control their property, and their local
affairs, with all the rights, privileges, and jurisdiction
necessary to carry that power into execution.

The bill inserts in the general city law a hew article
of six sections granting to every city the power to
regulate, manage;, and control its property. The
powers granted are vested in the regular city officers,
and anything in existing charters which operates to
interfere with the large powers thus granted is con-
sidered to have been superseded by the new law.

It provides that no enumeration of powers in any
law shall operate to restrict the meaning of this gen-
eral grant or to exclude other powers comprehended
within it. The bill also makes a grant to cities, under
twenty-threp headings, ; of specific powers to be exer-
cised subject to the Constitution and general laws of
the. State. The powers thus granted are to be exer-
cised by the officers, or official bodies, vested with such
powers by any other provision of law or ordinance,
and in the manner, and subject to the, conditions, pre-
scribed bj' law or ordinance. No provision of any

M-EMftKAkDA ON LeuISLATIVK BiLLS ApPRCiVED 433

special or local la!w, liowever, is to be permitted to
defeat the grant of powers c'oi)tained in this act; and
anj^ provision of a special or local law, which, under
the form of im'pbising conditions oil' the exercise 6t any
power, opferates either in terms, or in effect, to pre-
vent the exercise in any city of any powfer granted by
this la'w, is to be deemed superseded by the provisions
of the measure.

This empowering municipal grant of powers will
prevent ' and avoid to a great extent all city charter
tinkering in the future by the Legislature. It will re-
move from the Legislature iii large measure the
incubus of special city legislation, and thus permit the
undivided attention of the members being given to
matters affecting the policy of' the entire State, which
it is hoped wilt result in greater economy and more
efficienbj^ in the administration of State affairs.

(Signed) WM. SULZER

Amending Civil Rights Law, Relative to Equal Rights in
Places of Public Accommodations

State of New Yobk — Executive Chamber

■"'■"■''''"■■■ Albany, ^pHZ 11, 1913

, , Memoji-andum file4 with Assembly BiU, Printed No.
1^;8'4 Senate. Reprint No. 1465),, entitled:

' ''An act to amend the icivii rights law, in rela-
tion to equal rights in places )i public aiscommor
dations and ])roviding pen Ity for violation

> thereof."

Approved

^34 Public Papeus oi'' Govehnor Sulzek .■

This bill amends the law of 1909 (chapter 14) by
making more stringent provisions against discrimina-
tions on account of race, creed or color in places of
public resort. It provides that no person being the
owner, lessee, proprietor, mapager, superintendent,
agent or employee of a place of public accommodation,
resort or amusement shall deny any person such
accommodation, etc., or publish, circulate, issue,, dis-
play, i^ost or mail any written or printed communica-
tion, notice or advertisement, tp the effect that any
of the accommodations, advantages and privileges of
any such place shall be refused or denied tp any per-
son on account of race,, creed or color, or that such
persons are unwelcome.,

The production of any such written communication,
notice or advertisement is presumptive evidence in any
civil or criminal action that the same was authorized.

A place of public accommodation, resort or amuse-
ment within the meaning of thi^ article shall be deemed
to include any inn, tavern or hotel, whether conducted
for the entertainment of transient guests or for the
accommodation of those seeking healtli, recreation or
rest, and any restaurant, eating house, public convey-
ance on land or water, bath house, barber sKop, theatre
and music hall.

The provision permitting the denial of such accom-
modation, etc., to any citizen except for reasons alike
to all citizens of every race, creed or color, and regard-
less of race, creed or color, is stricken out. Violation
of these provisions, or the aiding or inciting of such
violations shall subject the persons above mentioned
to a penalty of not less than one hundred nor more
than five hundred dollars*, to be recovered by the per-
son aggrieved, or by any resident of the State to

Memoranda on LegisIjATive Bills Appeoved 435

whom such cause of ■ action lias been assigned, to be
recovered in any court of competent jurisdiction in the
county in which the plaintiff or the defendant shall
reside. A violation is also a misdemeanor, punishable
by fine of not less than one hundred dollars nor mOr'e
than five hundred dollars or by imprisonment for not
less than thirty days or more than ninety days, or by
both such fine and imprisonment.
I approve this bill.

(Signed) WM. SULZER

To Promote Efficiency and Economy in the Public Ser=
vice, Providing for Appointment of a Commissioner
and Establishing State Board of Estimate

, State of New Yoek^ — • Executive Chambee

Albany, April 14, 1913

Memorandum filed with Senate Bill, Printed No.
1610, entitled :

, , "An act 1;o promote , efficiency and economy in
the public service and to create a, department of
, efficiency aajdi„ .economy and to authorize the ap-
pointruent of a ,9fiinn^issioner of efficiency and
economy as, the, head of such d^p^-rtment,"

and

With Assembly Bill, Printed No. 1149, entitled:

"An act to establish a state board of estimate
and to prescribe its powers and duties."

Approved

The recent report of the Committee of Inquiry
emphasized the obvious fact tliat there is an unfor-r

436 Public Papebs ob^ Gtoveknok Suj;^zEp,, ,;

tunate lack of system and method iu the admiuigtra-
tion of the business of th(3 State — a wide departure,
from anything like uniformity and an unscientific Sj^d^
wasteful absence of the appropriate provisions of pro-
moting economy, the limiting^ of expense of the ,^tate,
government to its actual and reasonable needs, and the
elimination of incorrect and exisensive niethods of pur-
chases and expenditures. , , ,,, ,,..,:

The investigation and report of; the Committee of
Inquiry fully demonstrated that the business and
financial affairs of the Empire State have been con-
ducted without system, extravagantly and with divided
responsibility, in a manner which would bring bank-
ruptcy and ruin to any business not having the Te-i
sources of the State. : . , .

Eadical reforms in the conduct of the financigl and
business administration of the affairs of the State as a
whole were suggested in five bills, drafted under my
supervision by the Committee of Inquiry. Two of
these measures are the bills that have Just received my
approval.

The first bill creates a State Department of Effi-
ciency and Economy, havihg at its head a commis-
sioner, with a term of five years. He has the power
to appoint deputies, clerks, assistants and expei'ts and
to fix their salaries. He is '^iven broad powers of
inquiry, including the right to issue subpoenas and ex-
amine witnesses under oath in investigations bearing
on the business methods of the State departments.

It will be the commissioner's duty to recommend to
the Governor and to the heads of the departments,
improvements in the administration of the govern-
mental bodies.

The second bill creates a State Board" of Estimate,
the functions of which are to be along the lines of those

Memoranda on Legislative Bills Approved 437

exercised in the administration of New York city by
the Boa^'d of Estimate and Apportionment. The State
B,oaj:d of Estimate is. to be composed of nine members
^the Governor, the Lieutenant-Governor, President
Pro Tern, of the Senate, Chairman of the Senate. Fi-
nance Committee, Speaker of the Assembly, Chairman
of the Assembly Gprnmittee on Ways and Means, the
Coimptroller, the Attorney-General and the Commis-
sioper of Efficiency and Economy.

This bill provides that the Governor shall be the
president : pf the board and that the Efficiency and
Economy Commissioner shall be its secretary.

In general, the duties of the board will be to make
up the State budget after expert examination into the
necessity and expediency of the amounts requisite in
the State departments for appropriations from the
general fund. This board is given broad powers of
investigation. Among its duties is that of estimating
and setting aside out of the revenues of the State what
is needed annually f pi^ the sinking funds, created for
the payment of interest on, and the amortization of,
the State's funded indebtedness.

I believe that a competent efficiency commissioner,
acting in an advisory capacity, will greatly improve
the methods of conducting business in all the State
departments. The Board of Estimate should be able
to systematize the making of the budget and will, it
is hoped, in a l^rge measure .abolish all haphazard
appropriations.

I believe that the examination and investigation of
th|e estimates made of the State departments by' this
Board of Estimate, which is a body separate and apart
f iTprn the Legislature, will make for system and render
it more difficult to inject ill-considered items into the
appropriation bills.

438 Public Papeks oi? Goverkok Sulzek

When the pending legislative measures, creating the
State Board of Contract and Supply, and giving the
State Comptroller fuller and more adequate powers of
audit, and erecting the necessary machinery therefor,
have been placed upon the statute books, with the two
measures I have just approved, the State of New York
will have the best machinery in the Union for the
public administration of its State government, and
will be placed for all time on a sound progressive and
constructive business basis.

(Signed) WM. SULZER

Amending Greater New York Charter, for the Relief of
the Destitute Blind in the City of New York

State op New York — Executive Chamber

< Albany, April 16, 1913

Memorandum filed with Assembly Bill, Printed No.
2045, entitled:

' ' An act to amend the Greater New York charter
in relation to expenditures for the relief of the
blind."

Approved

My approval of this bill will give relief to some
hundreds of destitute blind in the city of New York
who are not inmates of any public or private
institution.

The purpose of the bill appeals to me. The destitute
are entitled to our charity, and doubly so are those who
are not merely destitute, but in addition, are afflicted
with blindness.

Memoranda on LegisijATIvb Bili.s Approved 439.

The money to be exj)ended for tliis truly humane, and
philanthropic purpose is to be raised in the city of
New York, and the measure before me was introduced
at the request of the Departnient of Charities of said
city, and has received the approval of the Mayor, after
a public hearing, and at no stage in the career of this
bill has a single person voiced any opposition to it.

Although it is possible that since my approval of the
Home ftijle Bill for Cities (now chapter 257 of the
Laws pf 1913), this object could be accomplished with-
out the action of the State Legislature, rather than
have any delay in the furnishing of necessary aid to
these unfortunate blind, and for the further reason
that I am heartily in sympathy with the purposes of
th^ bill, I gladly approve the same.

:; ' (Signed) ^WM.SIJLZEE

Amending Labor Law, Relative to Protection of Em-
ployees Operating Machinery, Dust=Creating Ma-
ehinery and the Lighting of Factories and Work
Rooms

State of New York — Executive Chamber

Albany, April 16, 1913

Memorandum filed with Assembly Bill, Printed No.
1705, entitled: ^

"An act to amend the Labor Law, in relation to
the prot^ction of employees operating machinery,
dust creating machinery, and the lighting of fac-
tories and work rooms. "

Approved

440 Public Papeks oi'' Goveknob Sulzbk

This bill amends the section of the Labor Law relat-
ing to employees operating machinery. Among other
changes it strikes out those provisions of section 81
of the Labor Law, which at present places discretion
in the Commissioner of Labor and confers upon the
Industrial Board power to make rules and regulations
regarding the installation, position, operation, guard-
ing and use of machines and machinery in operation in
factories and the furnishing and use of safety devices
and of guards to be worn upon the person and other
matters.

It provides, in considerable detail, additional regu-
lations for dust-creating machinery and for the light-
ing of factories and work rooms.

This particular bill, with the large discretionary
powers lodged with the Industrial Board will in the
near future, it is hoped, require all the factories in the
State of New York to be equipped with the latest and
most modern safety devices against industrial acci-
dents, as well as in a large measure, reduce the amount
of sickness and frequent loss of life through the con-
traction of occupational diseases from dust-sprelading
machines and lack of proper sanitation, spacing and
lighting of factory work rooms to the lowest possible
minimum.

This measure will not only tend to conserve human
life and energy pf our large mass of citizens who are
necessarily required to spend the largest portion, of
their time in our factories to secure a livelihood^ but,
in my opinion, in addition will increase the productive
efficiency through a larger output with the result of
an economic and financial gain to the employers and
manufacturers as well as to the employees and
operatives.

(Signed) WM. SULZEE

Memoeanda on Lbgisla'j:i\-e Bili^s Approved 441

Relative to the Salary of the Sheriff of Oneida County
and the Care and Maintenance of Jails and Prisons
in Said County

State of New York — Executive Chamber

Albany, April 16, 1913

Memorandum filed with' Senate Bill, Printed No.
1923, entitled:

"An act to amend chapter three hundred and
twenty-one of the laws of one thousand eight hun-
, ,(Jf 6^ : 3iid ninety-eight entitled ' An act to make
the office of the sheriff of Oneida county a salaried
office and to regulate the management thereof,' in
relation to the salary of the sheriff and the care
and maintenance- of jails and prisoners."

Approved

After careful consideration T have finally given my
approval to this bill, because I believe it to be in the
interest of the economic administration of the office of
the sheriff of Oneida county.

Concerning this measure, I have received many
communications from the citizens of the community
affected; and, in addition, my attention has been
called to statenaents in the public press, that the
method, under the present existing law relating to the
board of prisoners in the county of Oneida, has caused
enormous and iinnecessary expense, which I believe
the enactrijQnt ^ of this measure will correct and
eUininate.

In the interest of econoniy, and with the sole desire
to aid the citizens of the county of ()neida to effect a

442 Public Papeks of (tovernor SulZek

saving of thousands of dollars every year in the
administration of the office of sheriff, I have deter-
mined to give my approval to this bill.

(Signed) WM. SULZER

Amending the Education La\y, Relative to Establish-
ment of Scholarships for the Aid of Students in
Colleges

State of New York — Exectttive Chambeb

Albany, April 16, 1913

Memorandum filed with Senate Bill, Printed No.
859, entitled:

"An act to amend the education law, relative
to the establishment of scholarships for the aid of
students in colleges."

Approved

This bill affords substantial assistance, through a
college course of four years, to students from all parts
of the State whose exceptional merit has been demon-
strated, Their selection will be by proper tests of
examination and the choice will be by merit.

This measure will place within the reach of every
boy and girl in the State, who may desire it, a college
education, and therefore bring the college influence to
the uplift of ail the people.

It will be several years undoubtedly before the 3,000
scholarships created under this bill will all be awarded,
and the expense to the people of the State will be
gradual. When all scholarships are finally filled, the
animal expense to the State will be $300,000, and the

Memokanda oisr Legislative Bills Appeoved 443

results obtained will be practically the equivalent of
the maantenance o£ a State university.

The States which maintain State universities spend
millons of dollars annually upon these institutions.
The influence of these scholarships will be felt down
through the whole secondary and even the elementary
school systems.

The creation of these scholarships is the ^greatest
permanent contribution to the interest of higher edu-
eation in the State that has been made in all our his-
tory, and means the assistance of large numbers of the
most deserving boys and girls of the State to a collegi-
ate education.

I have always been a believer in liberal education
for the young men and women of our country. The
more intelligence there is among the people the, mo re
secure will be our free institutions. Tht' young men
and wottien of to-day are the administrators of the
State to-morrow.

The very foundation of our system of Democratic
government rests on the enlightened intelligence of
our citizens. The greater the number of educated citi-
zens;'and the higher the plane of their intelligence, the
more permament will be true Democracy — and the
government of and by the people.

This measure for higher education now written on
our statute books makes for progress,' and for decades
yet to come will constitute a landmark in the annals of
our advancing civilization.

(Signed)" "WH. STJLZEB

444 PuBEic Papers .op Gtoateenob Sxtlzee

To Provide for the Maintenance and Government of the
New Yoric State Nautical Scliool

State OF, New Yoek, — ExECupvE Chamber

Albany, April 17, 1913

Memorajadum filed with Assembly Bill, Printed No.
2350, entitled :

"An act to provide for the main tena,nqe,an^
government of a school for the education and
training of pupils from, the varix)Jis counties
of the state ; in the science and practice . , of
navigation, seamanship, steam and electrical
engineering." ; i,.!

Approved

The bill provides that in the event of the Board of
Education of New York city deciding to discontiniig
the IvTew York Nautical School, the Govei-npj shall ,ap-
]joint a Board of Governors of the NeAV York State
Nautical School, to l)e maintained at the city of Ne.w
York, foi: the purpose of igiving instruction in the
science and practice of navigation, seamanship, steam,
and electrical engineering to pupils of the several
counties of the^ State who are of good moral character
and .have the necessary qualificati,ons. ,

There are to be nine members of this board of gov-
ernors, to-wit: the Commissioner of Education of the
State of New York and eight appointive members, one
of whom must be a member of the Cham^ber of Com-
merce of the City of New York; one a member of the
Maritime Association of the Port of New York; one
a member of the Marine Society ; one a member of the
New York Board of Trade and Transportation; one

Memobanda 05sr Legislative Bills AppbOved 445

an alumnus of the New York Nautical 8ohool; one a
member of the Buffalo Chamber of Connnerce; one a
member of the Albany Chamber of Commerce; and
one a New York Member of the Nautical Board of
Steam Navigation. Three are to be appointed for one
year ; three for two years, three for three years. They
are to serve without pay, but are to be allowed their
actual expenses in attending meetings of the board.

They may take over for the purposes of the school
the United States ship ' ' Newport, ' ' or thoy may apply
tb the United States government for a more suitable
vessel or' vessels^ as may be required and the Secretary
of the Navy may detail.

The bill appropriates $100,000 for the expenses of
the school during its first year.

I have always been strongly in favor of increasing
the eflSciency of our merchant marine. I am a friend
of 'the great shipping interests of the United States
and have done all in my power for years to aid in a
practical way the restoration of our merchant marine.
While in Congressi I (introduced several bills that, if
enacted into law, would give our own people our over-
sea carrying trade.

The time is at hand to place the American flag again
where it- was before the Civil War — on every sea and
in every port. We must have more ships; they must
be manned by and owned by Americans. I will vigor-
ously support every measure to this end until our
prestige and supremacy -of the seas are again fully
attained.

It is a deplorable fact that our once great and power-
ful; deep-sea fleet has vanished, ajidi that an ever-
increasing fleet of foreign vessels throngs our ports
and monopolizes the carrying of more than nine-tenths
of our import and export commerce.

446 PijbxjIC Papeks of Goveirnor Sulzeb

The bill now before me places the Empire State in
the lead in doing something in, a businesslike way to
re-establish our merchaiit marine.
, The purpose is properly to instruct the physically
fitted youth of our State in the practice and science of
navigation andi seamanship, and these graduates will
furnish a trained body ofi American seamen equal in
all ways to those of the historic days of the American
Republic.

America builds no deep-sea ships to-day, largely
because we have no scientifically trained , seamen to
man them. Had we a trained body of American sea-
men, the silent American shipyards would be clamor-
ous witli the noise of construction of vessels to be
manned by our own countrymen.

In addition, the graduates of this proposed State
Nautical School will be able to serve as naval reserve
officers and sailors, available for service under our flag
ill case of war.

From both a commercial and a patriotic viewpoint,
this bill voices a highly commendable purpose and
meets with my approval.

I have an earnest hope that the establishment of this
Nautical School by. the State of New York will receive
practical recognition from the United States govern-
ment, through the Secretary of the Navy, detailing
suitable vessels on which instructions in these import-
ant branches of nautical science can be taught and
demonstrated, and I shall use every possible influence
that I may possess to that accomplishment.

I long for the coming of the day when American
ships will be on every sea and our flag gloriously float-
ing on the breeze in every port. I am willing to go as
far as any man in this country to legislate for the

Memoranda on LEoisLAtove Bills Approved 447

restoration of tlie American merchant marine to all
its former glory and to secure for the American people
their just share of thie' over-Seas carrying trade. I
know, and every man who has investigated. this sub-
ject knows, that our loss of deep-sea commerce is d*ue
entirely to our own iniquitous legislation and short-
sighted policies. If the American Congress would
legislate intelligently regarding this subject, we could
restore our m^r,c)ig,nt marine and secure nine-tenths
of all our comnaerce op. thq high seas, exports and im-
ports, without taking a single dollar from the pock-
ets of the taxpayers. This whole subject is a very
simple matter when reduced to an intelligent business
proposition.

If we would only follow in the steps of the fathers,
we could speedily restore our ocean-carrying trade,
revive our shipbuilding industries, give employment in
our shipyards to thousands and thousands, of men in
all parts of the country, bring about an era of pros-
perity such as we have never known before in our
(Shipping trade and deep-sea commerce, place our flag
on ships in every sea and make the American sailor
what he was in the historic days of the Pepublic — the
pride of the people and the arbiter of the ocean high-
ways of the world.

(Signed) , WM. SULZER,

448 Public Papees of GovpjxoB Sulzeb

Amending Labor Law, Relative to Physical Examination
of Employees

State of New Yoek — ExBctjtivb Chamber

Albany, April 17, J-9l^

Memorandum filed with Assembly Bill, Printed No.
1787, entitled :

"An act to amend the labor law, in relation to
physical examination of employees."

Appeoved ,

This bill amends the Labor Law, by adding a new
section 22, providing that whenever an employer
shall require a physical examination by a physician,
or surgeon, as a condition of employment, the party
to be examined, if a female, shall be entitled to have
such examination before a physician, or surgeon, of
her own sex.

An employer requiring, or attempting to require, a
female applicant for employment to submit to an
examination in violation of this section shall be guilty
of a misdemeanor. t tii /,-

This bill will remedy an intolerable condition, and is
a just and proper recognition by the Legislature of the
right of women employees to obtain employment with-
out being subjected to unnecessary embarrassment.
It merely gives to women the same rights and privi-
leges accorded to men, and is a step toward equality
of opportunity without regard to sex. It is a good bill,
and I am glad to sign it.

(Signed) WM. SIJLZER

Memobanda on Legislative Bills Appboved 449

Establishment of Workshops in Connection with Tuber-
culosis Hospitals or Sanatoriums

State op I^ew York — Executive Chambeb •

Albany, April 19, 1913

Memorandum filed; with Assembly Bill, Printed No,
2O77, entitled: ,'■ '

' ' An 9-ct to ainend the general municipal law, in
relation to the establishment qf workshops in
connection with tuberculosis 1 hospitals or sana-
toriums. " , , j . : ;J

Appboved

Amends the General Municipal Law, by adding
neWj.j^pjt^n. 1S5m, ;aujt^prizing any municipal cor-
poration maintaj^ng a hospital or sanatorium for the
treatment of tuberculosis to establish and maintain
workshops in coniiection' therewith for the production
of articles or, supplies required by such hospital or
sanatorium and by ,any other institution or depart-
ment of such municipality.

No person may be employed in the workshop so
established except in a supervisory capacity, unless he
is or has been a patient in the tuberculosis hospital or
sanatorium.

This bill will enable tuberculosis hospitals to pro-
vide suitable work for patients or ex-patients, as a
means of promoting the' recovery' of the patiients and
rounding out and preserving the health of those who
have been discharged from the hdspital.

The measure has the warm indorsement of DrMIier-
man M. Biggs, General Medical Officer of ' the New
York Health Department, and the medical authorities
15

450 Public Papers of Govebnor Sulzbr

are generally agreed that tiie selection and perform-
ance of work of a proper kind is an important feature
in the treatment and after care of tuberculosis sub-
jects.

Through such workshops the discharged patients
would be enabled to remain within the atmosphere and
influence exercised by the institution, and it will mean
that many of them will keep and preserve the health
acquired while at the institution and not speedily' lose
it, as so frequently happens in the case of those re-
turning to the strain and stress of life in the cities.

I approve this bill.

(Signed) WM. SULZER

Providing for Approval by the State Comptroller of
Contracts Exceeding One Thousand Dollars

State of New York — Executive Chamber

Albany, April 21, 1913

Memorandum filed with Senate Bill, Printed No. 862,
entitled :

' * An act to amend the state finance law, in rela-
tion to the, powers and duties of the state comp-
troller. ' '

Approved

This bill is in harmony with my recommendations
to the Legislature. It amends the State Finance Law,
subdivision 5, section 4 and section 16, by providing
that before any contract exceeding one thousand dol-
lars, made for or by any State charitable institution,
reformatory, house of refuge, industrial board, offioerj

Memoranda on Legislative Bills Approved 451.

department, board or commission, shall become effect-
ive, it shall first be approved by the State Comptroller.

Whenever any liability is incurred the Comptroller
is to be notified, and whenever any. supplies, or ma-
terials are to be furnished, a duplicate invoice is lo
be filed in the Comptroller's office.

The amendments contained in this bill will place
under the supervision of the State Comptroller, prac-
tically all contracts which heretofore have been con-
summated without the knowledge or scrutiny of the
Staite Comptroller.

This measure will tend to cause a uniformity in the
form and manner of making contracts by all the insti-
tutions and officers 'in the State, and will place in the
hands of one official, to-wit: the State Comptroller,
the facilities for examining all these contracts and in-
voices which heretofore have escaped this scrutiny and
have remained scattered in the various offices and
departments to which they related.

It makes toward the concentration and control and
the systematizing of these matters; permits of check-
ing unnecessary extravagance by the scrutiny of the
State Comptroller ; and in practice will promote
greater efficiency and more economy in the adminis-
tration of State affairs.

(Signed) WM. SULZER

452 , Public Pajpeks of G-pvEBNOB Sulzee

Authorii;ing Appointment of Interpreters by the Justices
of the ApppHatp Division, First Department

State oi' New Yoek — Exectjtive Chambee

AL.BA-SY, April 22, 1913

Memorandum filed with Senate Bill, Printed No.
1861, entitled :

"An act to amend the judiciary law, in relation
to the power of the justices of the appellate divi-
sion in the first department, to appoint interpre-
ters, for the supreme court."

Appeoved

This bill amends the Judiciary Law, and authorizes
the justices 'of the Appellate Division of the Supreme
Court, for the First Department, to appoint such in-
terpreters as they shall deem necessary.

At present the number is fixed at four, but the situa-
tion has changed by the immense number of people
coming here from Russia, Poland, Hungary and the
Slavic nations of southeastern Europe.

It has become absolutely necessary that the courts
in the department affected should have two Or three
additional interpreters in theses languages. I deem
this wise and expedient.

This bill results from the practical experience of
the trial justices of the Supreme Court in the county
of New York, where the lack of sufficient interpreters
has frequently made it necessary to stop trials until
interpreters could be secured, causing a delay in the
administration of justice.

This measure will aid the administration of justice
by permitting these foreigners intelligently to present
their cause to the courts without unnecessary delay.

(Signed) WM. SULZER

Memoeanda on Legislative BilijS Appeoved 453

Amending Penal Law, in Relation to Violations of Labor
Law and Industrial Code, Rules and Regulations of
Industrial Board of Department of Labor and the
Orders of the Commissioner of Labor

State of New Yokk — Executive Chambeb

Albany, April 22, 1913

Memo|i;^nd]am filed with Assembly Bill,, Printed N^o.
1597, entitled:

"An act to amend the penal law, in relation to
violations of provisions of the labor law; the in-
dustrial code; the rules and regulations of the
industrial board of the department of labor, and
the orders of the commissioner of labor."

Appeoved ,, ^

This bill amends section 1275 of the Penal Law, and
repeals section 1273, by making it a misdemeanor for
any person to violate or fail to comply with any pro-
vision of the Labor Law and of the Industrial Code,
or of any rule or regulation of the Industrial Board
of the Department of Labor, or for any person know-
ingly to make, or permit to be made, a false entry in
any time book required to be kept by article 6 of the
Labor Law.

The first offense is punished by a fine ; and the
second offense, by a fine, or imprisonment, or both.
Without this amendment to the Penal Law, the newly-
organized State Department of Labor, and its new
Industrial Board, would have merely the power to
make recommendations, without any power to enforce
the same.

Concededly this measure is necessary to the effective
enforcement and administration of the newly-enacted

454 Public Papers of Gtovebnob Sttlzek

labor laws, passed at this session of the Legislature,
affecting industrial conditions throughout the Stat6^.
This law is needed, and I am glad to sign it.

(Signed) ,WM. SULZER

Amending the Penal Law, in Relation to the Sale of Cer-
tain Necessaries of Life During Limited Hours on
Sunday

State of New Yobk — Executive Ohambeb

Albany, April 22, 1913

Memorandum filed with Assembly Bill, Printed No.
2147, entitled:

"An act to amend the penal law, in relation to
traffic on Sunday."

Appeoved

This law amends the Penal Law, section 2147, in re-
lation to the sal© of certain necessaries of life during
limited hours on Sunday. The present law is changed
so as to provide that delicatessen dealers shall not be
considered as caterers; and delicatessen dealers may
serve, sell and deliver, cooked and prepared foods be-
tween the hours Of four in the afternoon and seven-
thirty in the evening, and before ten o'clock in the
morning.

At present it is a well-known fact that delicatessen
stores in the larger cities of the State are vsdde open
all day Sunday. This bill is in substance, a Sunday-
closing bill, as it restricts the hours for doing business
to a total of six and one-half hours on Sunday.

Memobanda on Legislative Bills Appboved 455

Conditions are such in our great cities that it would be
a hardship on many purchasers of necessaries entirely
to close delicatessen shops all day Sunday. Either
from lack of money or facilities for caring for a two-
days' supply of food or, as is the case in a great mahy
instances, from long-established custom, a large num-
ber of our citizens buy their evening meal for; Sunday
ia these shops.

This bill will, give to the store-keeper and his family ;
his Qlerks "and assistants; an opportunity to attend
Divine service, or secure a few hours for needed rest
or recreation on Sunday.

By restricting the hours of opening on Sunday to
the time limited by this bill, I am convinced that no
great inconvenience will be caused to the purchasing
public who patronize these shops, and I trust that this
law will be strictly enforced.

(Signed) WM. SULZER

Amending the Agricultural Law, Relative to the Appoint-
ment of Deputies and Employees by Commissioner
of Agriculture and Empowering Him to Take Tes-
timony in Enforcing Violation of Agricultural Law

State of New Yoek — Executive Chambeb

Albany, April 22, 1913

Memorandum filed with Assembly Bill, Printed No.
2047, entitled:

"An act to amend the agricultural law, in re-
lation to the commissioner of agriculture."

Appbovbd

456 Public Papers of Govebnob Sulzee

This bill amends the Agricultural Law, and provides
that the Commissioner of Agrieulture may appoint
four deputy commissioners instead of the existing
eight assistant commissioners. It authorizes the Com-
missioner to appoint any employees he shall deem
necessary, and confers upon the deputies provided for
in the bill the functions of assistant commissioner.

It further provides that the Commissioner's sub-
poena may require attendance and testimony before
any person designated by him; for that purpose, and
authorizes such designated person to administer oaths.

Although this bill dispenses with eight assistant
commissioners and provides for only four deputy
commissioners, I am advised, and confidently believe,
that such reorganization of the Department of Agri-
culture under its present head will increase rather
than diminish its effective administration.

The authority provided by this amendment, grant-
ing to the Commissioner power to take testimony be-
fore a designated agent establishes a practical and
sensible method of discovering and enforcing viola-
tions of the Agricultural Law.

This measure is for the benefit of our farmers and
wholly in the interest of economy and efficiency. It
will work to the betterment of the administration of
the Department of Agriculture, and meets with my
approval.

(Signed) WM. SULZER

Mbmobanda on Legislative Bills Approved 457

Incorporating City of Canandaigua

State of New Yoek — Executive Ohambee

Albany, ^prii 28, 1913

Memorandum filed with Assembly Bill, Printed No.
1979, entitled: ,

"An act to incorporate the city of Canan-
daigua. ' '

Appboved

This bill incorporates the territory within the vil-
lage of Canandaigua as a city. The elective officers
of the city are to be a mayor, a city judge, a city
treasurer, two aldermen from each of the four wards,
and one supervisor for each of the two districts. The
mayor, city judge, and city treasurer are to be elected
at large, the aldermen by wards and the supervisors
by districts.

The general form of the city government provided
is that of a mayor and council government, the appro-
priating and ordinance-making powers being vested
in the common council. Provision is made for refer-
endums upon propositions to raise iiioney by taxation
or by bo^ds, and in such referendum elections women
property owners who have all of the qualifications en-
titling them to vote for city officers except that of sex
may vote. .

The term of office of the mayor is to be two years,
city judge four years, city treasurer two years, alder-
men two years and supervisors two years. The mayor,
aldermen, commissioners of health and public safety,
commissioner of public works and civil service com-
missioners are to serve without compensation. The
annual salary of the city judge is to be $1,200 ; of the

498 Public Papeks of Goveenoe Sulzek

city treasurer, $800 ; of the city clerk, $900 ; of the city
physician, $400; of the assessors, $125 each; of the
city attorney, $800 ; of the superintendent of public
works, $1,200; of the city court stenographer, $4 per
day for each day actually employed ; of the city sealer
of weights and measures, $200; of the cemetery sex-
ton, $300 ; and of the deputy city clerk, $100.

The commissioner of charities is to receive no com-
pensation for his services from the city, but to be
governed by the laws relating to compensation of over-
seer^ of the poor in towns where the county system
of poor is established. The supervisors are to receive
the same compensation as supervisors of the towns, of
Ontario county receive for like services, to be paid in
like manner. The acting city judge is to receive $4
per day for each calendar day occupied in discharging
his duties.

The proposal to incorporate the present village of
Oanandaigua into a city was recently submitted to a
vote pf the citizens and a large majority of the votes
were cast in f^vor of a city charter. This particular
charter has been carefully considered by the board of
trustees of the village and has met with their appro-
val. Its passage through the Legislature was without
a dissenting vote in either the Assembly or the Senate.

I consider that under such circumstances where
the citizens have voted to incorporate their village into
a city, and have framed a charter which meets with
th,e approval qf the local administrative officers, and
has been enacted by the Legislature without a dissent-
ing vote, that it is my duty as Governor to approve
the bill which will enable the citizens of the new city
of Cajia^daigua to adniini;Ster their local affairs in the
uianner and method which has thus received their em-
phatic approval. ^g.^^^^^ ^^ SULZEB

Memokanda qn Legislative Bills ^-ppboved 459

Repealing Charter of the Long Sault Development Com-
pany, Purported to be Granted by Chapter 355 of the
Laws of 1907

State op New York — Executive Chambeb

Albany, May 8, 1913

Memorandum filed with Senate Bill, Printed No.
110, entitled:

"An act to repeal chapter three hundred and
fifty-five of the laws of nineteen hundred and
seven, entitled ' An act to incorporate the Long
Sault Development Company, and to authorize
said company to construct and maintain dams,
canals, power-houses and locks at or near Long
Sault Island, for the purpose of, improving the
navigation of the Spnt , Lawrence river and de-
veloping power from the waters thereof, and to
construct and maintain a bridge, and carry on the
manufacture of commodities,' providing for the
repayment to such company of, certain moneys
paid by it under such act and maMiig an appro-
priation therefor. ' '

Appeoved

Concerning this bill I sent a special message to the
Legislature, dated January 13, 1913, calling the atten-
tion of the Legislature to the, fact that chapter 355
of the Laws , of 1907, which purported to grant & cfyax-
ter to this company was, "w^ithout doubt, unconstitu-
tional, and Remanding its repeal for the best interests
of t]ie State. . ^ ,, ., ,i

This charter, granted by the Legislatui:e to ,tl^e,Long
Sault Development Company, was not only yiolative

460 Ptjblic Papers of GtOVeenob Sulzee

of the State Constitution, but its provisions were in
otHer respects improvident, unwise and indefensible,
both, from an industrial and an economical point of
view.

The repeal of the charter by this bill, to which I
now give my approval, will secure to all our citizens
the beneficial results of the proper development of our
natural resources, particularly of our now unused
water powers, in accordance with the constructive
policy of real conservation to which the State of New
York now stands committed.

I approve this bill.

(Signed) WM. SULZEE

Amending the Agricultural Law, in Relation to Adulter-
ated Milk

• , State of New Yobk — Executive Chambeb

May 9, 1913

Memorandum filed with Assembly Bill, Printed No.
1740, entitled:

"An act to amend the agricultural law, in re-
lation to adulterated milk."

Approved

This bill amends section 30 of the Agricultural Law,
by including in the definition "adulterated milk"
milk produced or kept in unsanitary surroundings or
in any environment or under any condition whatever
that is inimical to its healthfulness or wholesomeness.
By the operation of this law a great deal of the de-
mand for legislation in regard to the production and
distribution of milk will be met and satisfied.

Memokanda ok LEGiSLAiivE Bills Appecived 461

It places tlie 4iiesti6n of pure milk exactly where it
belongs, in the Department of Agriculture ; and under
this bill, as soon as proper appropriations are made,
the people of the State will be assured 6f ah adequate
ahd uniform supply of wholesome milk throughout the

^*^*^- ;, (Signed) ,WM.. SULZER

Amending the Agricultural Law, in Re^tion to Siile of
, Farm Products on Commission

, ' State op New York — Executive Chamber

May ^,1913

Memorandum filed with Assembly Bill, Printed No.
2337, entitled:

,.,..// (An,, act to amend the .agricultu,ral law, in re-
lation to the sale of farm products on commis-
sion. ' '

Approved

This amends the Agricultural Law by adding a new
article, 12a, relating to the sale of farm products on
commission, by providing that on and' after July 1,
1913, all persbnb, firm's, association^ oi- corporations,
receiving, selling or offering for sale On commission
within this State, any kind of farm produce, shall pay
a, license fee of $10 and furnish a bond of $3,000 with
surety.

jThis/bill is one of the most important , agricultural
bills presented for ' the consideration of tliis Ije^isla-^
ture._ Some regulation, 'of. the commission business has
been demanded, by the farmers of this State for ten
years, and this bill, in its present form, has the, support

462 Public Papers of GtOVeenob Sulzee

of the, State Grange, the State Fruit Growers' Associa-
tion, the State Agricultural Society, the Commission
Merchants* League, the Fruit and Produce Exchange
and the Butter and Egg Dealers' Association of New
York. It establishes the principle that the commission
merchant is agent and trustee for the consignor of farm
produce, and, as such agent, is at all times responsible
to such consignor for an honest account of all trans-
actions relating to the sale of farm produce on com-
mission.

This bill hurts no honest dealer and will insure to
every shipper of farm produce a square deal. It will
also free the markets of this State from many shady
transactions. (Signed) WM. SULZEE

Amending Agricultural Law, in Relation to Almshouse

Farms

State of New Yoek — ExEcuTrvE Chambee

May 9, 1913

Memorandum filed with Senate Bill, Printed No.
2032, entitled:

"An act to amend the agricultural law, in re-
lation to almshouse farms."

Appeoved

This bill empowers the Commissioner of Agricul-
ture to investigate and examine as to the farm lands
• at the almshouse farms of the various counties, the
purposes to which they are best adapted, and the
crops which may most profitably be raised thereon,
and to make report on the same to the boards of super-
visors of the said counties ; to give lectures and demon-

Memoeanda on Legislative Bills Approved 463

strations at least once each year at the almshouses
upon the aigricultural methods best adaptable to the
various communities. In 1910 the Commissioner of
Agriculture was charged with, the duty of advising
concerning the proper working of State institution
farms, and the success attending recent farm opera-
tions on the State farms would seem to warrant the
approval of this bill.

(Signed) WM. SULZEE

Amending Agricultural Law, in Relation to Branding
Skini=Milk Cheese

S;TATE OF New Yobk — Execxj^tive CHj^MBEE

May 9, 1913

Memorandum filed with Assembly Bill, Printed No.
956, entitled:

"An act to amend the agricultural law, in rela-
tion to branding skim-milk cheese."

Approved

This bill amends section 249 of the Agricultural
Law, by prohibiting the sale of cheddar cheese made
from skimmed or partially skimmed milk unless it is
branded with the words ' ' Skim-milk Cheese. " If it
contains 13 per centum of milk fat or over, it may be
branded " Medium Skim-milk Cheese," or if it con-
tains 18 per centum of milk fat or over, it may be
branded ^' Special Skim-milk iCheese."

This bill accurately defines skim-milk cheese and is
in line with modem pure food legislation, through
which the buyer may be able to know exactly what he
is buying. (Signed) WM. SULZEE

464 Public Papees of Goy;EBNOE Sulzeb

Axnending Business Corporation Law, in Relation to Co-
operative Corporations

State of New Yokk — Executive Chamber

May 9, 1913

Memorandum filed with Assembly Bill, Printed No.
2740, entitled: . ,

" An act to amend the business corporation
law, in relation to co-operative corporations. ' '

Appkoved

This bill is an amendment to the General Business
Law. It seeks to make the creation of co-operative
associations throughout the State both easy and safe.
It is one of a series of three bills drafted and intro-
dijced at the request of the Governor's Market Com-
mission, headed by William Church Osbpm, of New
York city. Through, the operation of these three bills,
all co-operative effort throughout the State is to be
stimulated, and through the advice of the Bureau of
Co-operation in the Department of Agriculture (the
bill creating which I have already signed and which
is now chapter 235 of the Laws of 1913), such co-oper-
ative effort will be directed especially toward co-
operative selling on the part of the producers and
co-operative buying on ithe part of the consumers, to
reduce the cost of distributing food supplies and to
reduce the cost of living.

(Signed) WM. SULZEE

Memobanda on Legislative Bills Appbovbd 465

Amending Penal Law, in Relation to Sale or Possession
of Cocaine or Eucaine

State op New Yoek ^^ Executive Chambek ^

May 9, 1913

Memorandum filed with Assembly Bill, Printed No.
2388, entitled:

"An act to amend tlie penal law, in relation to
the sale or possession of cocaine or eucaine."

Appbovbd

This is a good bill, and makes it illegal to possess
cocaine ia, any mixture or compound /yrithout a certifi-
cate from a physician, unless the possessor is a manu-
facturer, dentist or veterinarian, and these may pos-
sess it only under strict limitations.

The bill provides that cocaine may be prescribed by
a physician for a patient only in the form of an oint-
ment or solution, containing a limited percentage of
the drug.

A strict enforcement of this anti-cocaine law will
prevent abuse of tbi^ teirrible drug and have a ten-
dency greatly to decrease the ravages of the cocaine
evil in t]4s; State.

The bill is in the iuterests of the general welfare;
a reform in the right direction, and meets witli my
sincere approval.

( Signed) WM. , SULZEE

466 Public Papers of G-oveen'ob Stjlzeb

Amending the Public Health Law Generally

State of New Yobk — Executive Ohambeb

Albany, May 17, 1913
Memorandum filed with Senate bill Introductory
No. 1242, Printed No. 2523, entitled :

"An act to amend the Public Health Law
generally. ' '

Appboved :

This bill reorganizes the Health Department of the
State, and places New York in the lead by providing
a comprehensive plan, and establishing the necessary
agencies to make more effective the highly beneficial,
salutary aind progressive health provisions of our
laws.

No duty of the State is of greater importance than
protecting the life, and promoting the health of its
citizens.

The perf Ol"mance of this duty has in the past
merited and received serious criticism. Eealizing the
importance of the subject-matter and the necessity
for immediate remedy, early in January of this year,
I appointed a special Commission to collect facts, re-
ceive suggestions and make recommendations to me as
to desirable changes in the Public Health Laws of our
State ; and on Febriiary 15th last, such Commission re-
ported to me its findings and recommendations, which
I transmitted by special message on February 19,
1913, to the Legislature for its consideration.

The measure now before me was prepared and in-
troduced in the Legislature to carry such recommenda-
tions into effective practice. This is a State-wide
health measure, embracing every city, county, town
and village of our State except the city of New York.

Memobakda on Legislative Bills ApjPBOVed 467

The entire State is divided into twenty sanitary dis-
tricts under the immediate charge, supervision and
control of a medical expert, designated' a district
supervisor, who is required to devote his entire time
and attention to his official duties, and is always sub-
ject to the directions of the State Commissioner of
Health.

In matters of public health, the interest of all parts
of the State are so closely interwoven, and experience
has produced the conviction that the independent ad-
ministration of the subject by the different local au-
thorities has resulted in confusion of rules and regu-
lations which were observed more by their breach than
by performance.

This is now changed, aiid the State authorities have
the right to make rules concerning the public health
which must be observed by all local health officers in
all parts of the State.

Adequate agencies, and means of enforcement, are
provided, and the State Department of Health can
now command, where in the past it could only
recommend.

A very important' and highly beneficial feature of
this bill, which is a inarked step in advance in the
treatment of this vital subject, is the establishment
of a public health council, which is empowered to
establish and amend sanitary regulations, to be known
as the Sanitary' Code. This code is to deal with
matters for the security of life and health and the
preservation land improvement of the same.

The provisions of this Sanitary Code are to super-
sede inconsistent local ordinances, and a violation of
any of its provisions is made a misdemeanor.

468 PuBEIC PaPEES of GrOVEftNOB SULZBB

No other State, so far as I am informed, has devised
and established so efficient an instrument for correct
and efficient administration' of the public health. The
full and broad power lodged in the Public Health
Council will permit it not only to promulgate rules,
but to change and alter them to meet the special
exigencies of each particular case, without the neces-
sary attendant delay which is unavoidably caused by
appeal to the Legislature for special laws to effectu-
ate the same object and purpose.

Delays in making corrective rules has in the past
caused the destruction of large numbers of priceless
human lives, and I feel convinced that the new Public
Health Council will be the greatest agency for the con-
servation of human life that has ever been devised iu
this or any other State of the Union.

Provision is also made for the establishment of a
bureau of child hygiene, administered by the State
Department of Health, with power and authority to
operate effectively in all parts, of the State except in
the city of New York.

The unwarranted high mortality and reckless waste
of infant and chUd life will, it is. hoped, be reduced
under the wise administratiQn of the provisions of this
law to the lowest possible ,miniinuin.[

This is, a great constructive piece of legislation. It
reaches the home of every individual.

I consider it a high privilege to give my approval
to this bill.

. (Signed) WM. SULZER

Memobanda on LsGiSLATi^rE BiLLS AppeOved 469

Providing for the Deepening of the Channel of Ellicott
Creek, and for the Repairs of Bridges Crossing the
Same

State of New Yobk — Executive Chambbb

Albany, N. Y., May 22, 1913
Memorandum filed with Assembly bill Introductory
^b: .172, Printed No. 176, entitled:

"j^n act to provide for the deepening of the
channel of Ellicott creek from the Erie canal to
the city line of the city of Tonawanda, and for
the repair of the bridges crossing the same, and
making an appropriation therefor. ' '

Approved :

This bill ap^rdpriates $80,000, aiid au1;horizes the
Superintendent of Public Works to improve that por-
tion of Ellicott creek between the Erie canal and the
city linebf the city of Tonawanda, by deepening the
channel of the creek to a depth' which will be on a
level with the bottom of the channel of the Erie canal.

I hiave given cafeful consideration to the territory
to be affected by this measure. The work I am advised
is imperative.' The improvement contemplated is of
vital importiance to the continuance of the principal
industries in the city of Tonawanda, and' the amount
appropriated has been carefully calculated by the
State Engineer.

I am convinced that my failure to give my approval
to this bill, in view of all the existing circumstances^
would be unjustified ; Work a great commercial and
financial injury to one of the cities of our State, and
throw out of employment thousands of workingmen

470 Public Papebs of Govebnoe Sulzee

now employed in the mills which, will be compelled to
close down if I should veto this measure.
I approve the bill.

(Signed) WM. SULZER

Providing for the Erection of Buildings for the State
College of Forestry at Syracuse University, and the
Acquisition of Land on Which to Erect Same

State of New Yoek — Execxjttob Chamber

Albany, Ma?/ 24, 1913
Memorandum filed with Assembly bill Introductory
No. 426, Printed No. 431, entitled :

. , , * 'An act providing for the erection of buildings
for the New York State College of Forestry at
Syracuse, University, and the acquisition of land
on which to erect the same, and making an appro-
priation therefor."

Appeoved :

In signing the bill for the New York State College
of Forestry, at Syracuse University, a brief explana-
tion of my reasons may not be inappropriate.

This college is a State institution. Its board of
trustees consists of the State Commissioner of Bduc^^i
tion, the Chairman of the Conservation Commission,
the Temporary President of the Senate, the Chan-
cellor of Syracuse University, audi nine others nanaed
by the Governor, by, and with the consent of the Sen-
ate. It is thus at all, times under State control.

This College of. Forestry was established by tlie
State to fill a; gap, m our :ed,i;icp,tip,nal system. Whjile
almost every branch of learning had been promoted

Memobanda on Legislative Bills Appeoved 471

by it ; though liberal contributions had been made for
agriculture ; nothing had for years been done for the
important subject of forestry; It was, therefore, after
serious consideration concluded by the Legislatures of
1910, 1911 and 1912, that this college should be
brought into being, and maintained by the State.

The results thus far attained have been most grati-
fying. There are novs^ in actual attendance upon its
courses, upwards of one hundred and sixty earnest stu-
dents, who are pursuing a curriculum based oil the
experience of the most advanced exponents of the sci-
ence of forestry. A ranger school is conducted in the
Adirondacks for the training of practical men. Ex-
periments in sylviculture are in progress in various
parts of the State. Lectures at farmers institutes, at
granges, and at various schools are delivered to give
instruction in the essentials of the subject. Munici-
palities throughout the State have become interested
in tree-culture. A demand for the college has become
manifested to such a degree, that it would prove
nothing short of a misfortune, if its work were to
cease, or its operations were to be checked. The num-
ber of applicants for instruction for the coming year
is so extraordinary as to demonstrate the absolute
necessity of immediate action, to enable this important
educational undertaking to proceed under proper con-
ditions. That cannot be done, without buildings to
accommodate the students, and the requisite labora-
tories and equipment.

Syracuse University stands ready to convey the
lands on which these buildings are to be placed, to-
gether with appurtenant rights of way. Its libraries,
gymnasium, campus, stadium and other facilities will
likewise be supplied, without charge to the State. The

472 Public Papeks op Govebnoe Sulzee

location is admirable, easily accessible and in prox-
imity to that part of the State best adapted to forestry.

There is no subject which to-day is entitled to more
serious attention than that of forestry. Sinful waste
has characterized our treatment of the noble forests
with which we were endowed^ They have been wan-
tonly destroyed, shamefully neglected and deliberately
ruined.

If proper e:fforts a,t conservation had been made
years ago, our natural wealth. would have been greater
by hundreds of millions of dollars than it is to-day.
Germany, France and Switzerland, taught by experi-
ence, long ago directed the attention of the world to
the advantages of scientific instruction in forestry, but
we have delayed too long in giving ear to their
admonition.

More than twenty years ago, while a member of tiie
New York Legislature, I advocated a policy of forest
conservation, and was instrumental in placing upon
our statute book, legislation intended for the preserva-
tion of the Adirondacks. To-da,y I am even more
strongly of the opinion that no expenditure that the
State can make is more imperatively demanded in the
interest of true economy and genuine conservation
than such as will promote and stimulate the policy, not
only of forest conservation, but of forest building, of
the creation of forests for conamercial purposes.

There are, to-day, millions of acres of land in vari-
ous parts of the State which are unused, and are per-
mitted to lie waste,. They are not; adapted to agricul-
ture, or even for grazing. They can, however, be de-
voted to tree-culture, for which they possess all the
desired qualities.

By training intelligent young men in the art of

Mbmoeanda on Legislative Bills Appboved 473

reforestation, these waste places may in a compara-
tively short' period be productive of a crop, second
only in importance to those of our cultivated farms.
Lumbering and the production, pf pulp- wood fqr the
consumers pf paper will again become importanlf in-
dustries; and various branches of the wpQd- workers'
craft which have either not been practiced, or have
been neglected, will afford employment to thousands.

This is not mere im^agination, but it is taking a
leaf from the book of other nations who have passed
through a similar period of forest destruction before
they recognized the heed of a remedy.

No thinking man will deny these facts or the sound-
ness of the conclusion that every day which is per-
mitted to pass without carrying out a curative policy
will only heighten the existing deplorable evil and
increase the ultima,te cost of securing relief.

The fundamental requirement of any intelligent
plan of action to grapple successfully with these con-
ditions must be sought in the domain of education,
and because the. State itself is so greatly concerned
in, that prompt solution of the problem it is my opinion
that we must now take the lead in the inculcation of
these ideas.

To my mind the bill to which I am now affixing my
signature is best calculated to accomplish this de-
sideratum.

(Signed) WM. SULZER

474 Public Papbks of Goveenob Stjlzbe

To Provide for the .AcquisitiOiH and Preservation of the
Historic Tract or Parcel of Land Known as the Ben=
nington Battlefield

State of New Yokk — Executive Chambbb

Albany, May 24, 1913
Memorandum filed with Assembly bill Introductory
Np. 542, Printed No. 556, entitled:

"An act to provide for the acquisition and
preservation of the historic tract or parcel of
land known as the Bennington Battlefield, situate
in the town of Hoosick in the county of Reus--
selaer, and making an appropriation therefor."

Approved :

This bill appropriates $25,000 for the purchase of
the land in the county of Rensselaer on which was
fought the principal part of the Battle of Bennington
in the Revolutionary War.

The project hais the support' of many historical and
civic organizations, ' and it^ successful promotion is
generaiUy desired by the people of Rensselaer county
who know the story of the struggle which took place
on these fields when the patriot brothers fought for
our independence.

Our sister State of Vermont has given much promi-
nence to the part in this battle taken by its citizens
and which occurred upon its territory. With com-
mendable enterprise it has given to the land within
its borders upon which a part of the battle was fought
and to those who participated'in the battle such promi-
nence that many of our citizens have been misled into
the belief that the "Battle of Bennington" was
fought entirely upon Vermont soil and not upon the
soil of the State of New York, whereas the fact of

Memobakda on Legislative BilLs Appeoved 475

history is that the important part of that battle was
fought on the land provided to' be purchased by this
bill in Walloomsac valley in Rensselaer county.

Nature has adorned the site in question with won-
drous beauty. The revolutionary heroes consecrg|ted
this ground with sacjcifice and privation and with the
lives of many valiant patriots in the cause of liberty.
In this ground are buried all those who were killed
in this great battle.

To Americans this is a spot hallowed by s'acred
memories. To the historian it is the scene of the im-
portant part of one of the fifteen decisive battles of the
world. At this place Greneral Burgoyne, according
to his narrative of the campaign and according to
his statements, before the Parliamentary Inquiry, en-
countered the obstacles, which proved fatal , to tlie
success of his advance. Before he reached this btattle-
field the success of the English expedition ,s^^;med
inevitable, but at this point the, tide was turned.

Too much importance cannot be given to the effect
upon the Revolutionary War which , the valor of
American patriots at this place produced. It was one
of the turning points in the struggle for American
independence.

iMany lesser events in our early history have been
suitably commemorated for their historical yalu^.
This is not only commendable sentiment, but it is as
wise as it is practical. The great struggle upon our
soil which the purposes of this bill will commemorate
was so important, so far reaching in its influence
upon the Revolutionary War, that its scene should
be preserved as an education in our history and a;n
incentive to patriotic endeavor.

I am glad to give to this bill the Executive approval.
(Signed) WM. SULZER

476 Public Papebs of Govebnoe Sulzer

Providing for tlie Celebration of the One=Hundredth
Anniversary of the Birth of Samuel J. Tilden

State op New York — Executive Chamber

Albany, May 24, 1913

Memorandum filed with Senate bill Introductory
No. 1458, Printed No. 1786, entitled:

"An act providing for the, celebi-ation of the
one-hundredth anniversary of the birth of Samuel
J. Tilden, and making an appropriation therefor."

Approved:

I cheerfully sign this bill to honor the centenary
of the birth of Samuel J. Tilden.

His life was dedicated to the promotion of the public
weal, and his last will evidenced his conviction that
property is a sacred trust to be used in the interests
of the people.

Samuel J. Tilden was one of our greatest Grovernors
and one of our greatest statesmen. His noble and
unselfish patriotism during the electoral contest of
1876 saved the Nation from the possibilities of
civil war. History will certify that he was elected
President.

The whole Nation might well unite in doing honor
to this hero of peace on the occasion of the one-hun
dredth anniversary of his birth.

(Signed) WM. SULZER

MEMOEANEfA (^N LEGISLATIVE BiLLS APPEOVED 477

Amending the Education Law, Relative to Vocational
Instruction, Including Part Time or Continuation
Schools and Agricultural Schools

ALSO

In Relation to Compulsory Attendance of Pupils BetM%en
Fourteen and Sixteen Years of Age Upon Part Time,
and Continuation Schools and Courses

■ State of New York — Executive Chamber

Albany, May 26, I9l3
Memorandum filed with Assembly bill Printed No.
2550, entitled:

"An act to amend the Education Law, relative
to -Vocational instruction including part time or
continuation schools and agricultuiial schdols ; ' '
and also with Senate^ bill ^rijited No. 2270, entitled :

"An act to amend the Education Law, relative
to the compulsory . attendance of pupils between
fourteefn and sixteen years of age upon part time
and continuation schools and courses."

Appeovbd :

These two bills are companion bills and have, there-
fore, been considered together. They create the neces-
sary machinery for the establishment and operation
of part time or continuation schools, and amend the
Compulsory Attendance Laws in relation to the at-
tendance of pupils between the ages of fourteen and
sixteen by accepting attendance upon the part time
or continuation schools for that which is now required
under the law in evening schools.

The Democratic ; platform of 1912 specifically de-
clared in favor of the maintenance and development
of continuation schools for industrial education under
public control.

478 Public Papers of GovEii]sroR Sulzek

These bills are strongly favored by the State Edu-
cation Department. They are also approved by the
State Commissioner of Agriculture, by the National
Society for the Promotion of Industrial • Education,
by the Legislative Committee of the State Federation
of Labor, by the State Factory Investigation Commis-
sion, by the New York State Agricultural Advisory
Board, and by the leading educators of the country
who have given the question of vocational education
special consideration. These bills are also approved
by people especially interested in human affairs who
have made a careful study of the needs of children of
these ages who are compelled by home circumstances
to become wage earners.

These measures undoubtedly represent the views
of the best informed men of the country on this
subject.

In brief, these bills authorize part time or con-
tinuation schools, evening vocatioiial schools and in-
struction in agriculture during summer vacations.
The purpose of these different lines of industrial edu-
cation is to provide instruction for adults who are
already working in trades and for the youth between
fourteen and sixteen years of age who is compelled
to be a wage earner but who for the good of society
and the State should also be receiving instruction
which will not only make him more efficient in his
service, but also a better citizen.

There are thousands of children in this State be-
tween the ages of fourteen and sixteen who are com-
pelled to become bread winners. These children have
not completed the elementary school course required
under the Compulsory Attendance Law and, there-
fore, are required to attend evening schools.

Memokanda on Legislative Bills Approved 479

Children of this tender age, who work all day,
shoul(i be relieved, of the cruel exaction of attendance
upon instruction during the evening. They are en-
titled to and should, be permitted tq use their evenings
for such rest, relaxation, and recreation as children
of this age usually enjoy and participate in.
, , . Children of this age are also entitled to the privi-
lege of attendance upon instruction, when they are in
proper physical and mental condition to obtain the
most, benefit from such instruction. These bills con-
tain the commendable feature of providing that this
class of children who are compelled to work shall be
entitled to not less than four and not more than eight
hours per week attendance upon a part time or con-
tinuation school between the .hours of 8 a. m. and
5 p. M.

I regard it as vital to the best interests of the State
that these less fortunate children of the common-
wealth shall be givfen the opportunity to receive in-
struction in the technique of their craft and in the
fundamental principles of good citizenship.

These bills slightly increase the amount of State
aid which is given to the several localities in the en-
couragement, of industrial education. This, however,
will not be a large item. For the year 1915 it would
be about $7,500, and at the same ratio for the ensuing
ten years the additipnal increase by reason of this
legislation would not be greater than $75,000. This
additional expense is justified on the basis of the
increase /pf, pffiqiency of the industrial workers of the
Empirie; Stat^. , ,

i am in hearty favor of all legislation wliich is in-
tended to improve the living conditions of the working
people of the State. I regard these measures as more
vital to the interest^ of the industrial classes than.

480 Public Papers or (tOveenor Stjlzek

any educatidnal measure wMch has come before me
for consideration. Our State occupies a commanding
position in the work which it is doing along the lines
of industrial education. I regard these hills as laying
the foundation for the most effective plan of voca-
tional education which has 'been enacted by any State
in the Union and have, therefore^ decided to give them
Executive approval.
I approve the bills.

(Signed) WM. SULZEE

Providing for the Erection of a State Armory and Stable
in the City of Rochester

State or New York — Executive Chamber

Albany, Jitwe 2, 1913
Memorandum filed with. Assembly bill Introductory
No. 1872, Printed No. 2171, entitled,:

"An act providing for the erection of a State
armory and stable in the city of Eochester, the
acquisition of a site th«refor, and making an
appropriation for building said armory and
stable."

Approved :

This bill appropriates $25,000 for the erection of
an armory and stable in the city of Eochester for the
use of Troop H, First Cavalry; the Second Ambu-
lance Company; the Mounted Scout Detachment,
Third Infantry, to be expended under the direction
of the Armory Commission of the State.

I am well informed concerning the able and efficient
cavalry troop for which this bill provides means for
the erection of an armory and stable.

Memoranda on Lbgislativb BimjS Appboved 481

, The city of,Epphester and 1^^. State is justly proud
of this ui|i| of the .National Guar^^an^ of the enthu-
siasm and patriotism of its members.

I consider that this money will be well spent for a
worthy object and reflect credit upon the entire mili-
tary organization of the State.

I approve the bilL ;

(Signed) WM. SULZER

To Abate Smoke Nuisance in the City of Albany

State of New Yobk — Executive Chamber

Albany, June 2, 1913
Memorandum filed with Assembly bill Introductory
No. 1626, Printed No. 2784, entitled:

"An act to abate smoke nuisance in the city of
Albany."

Approved:

This bill was sent by the Clerk of the Assembly to
the city authorities of the city of Albany for their
action and was returned to the Executive Department
without action thereon by the Mayor and the Common
Council of the city of Albany on the ground that they
had no jurisdiction Qoncerning the measure.

I am glad to approve this bill and believe that its
proper enforcement will rid the city of Albany of an
intolerable nuisance to the advantage and benefit of
all the citizens.

I approve the bill.

(Signed) WM. SULZEE
16

482 Public Papees of Gtoveknoe Sxjlzeb

Amending the Election Law, Providing for the Display

of the American Flag in Each Polling Place

J ' > ' I i i ,
State of New Yokk — t- E^eciutivb Chambbe

, , . , . !i. , Albany, Jwwe 2, 1913

Memorandum filed with Assembly bill Introductory
No. 216, Printed No. 219, entitled':-

' 'Ah act to amend the Election Law, in relation
to the display of the American flag in each polling
place. " .

Appeoved: ■ - 1 i .■..:■■ . .

This bill is a patriotic measure and it is but proper
and correct that the National emblem should be dis-
played at the time and place when our citizens exer-
cise their highest privilege.

Our flag is the symbol of independence and I hope
to put into actual practice that vital principle of
American liberty by permitting each voter to make'
his free and independent choice of candidates for all
public offices.

I approve the bill.

(Signed) WM. SULZER

Amending Tax Law in Relation to Tax Imposed on Trans=
fers of Stock

Statue op. New, Yoek — Executive Chambee

Albany, June 2, 1913
Memorandum filed with Senate bill Introductory
No. 1464, Printed No. 2525, entitled :

"An act to amend the Tax Law, in relation to
the tax imposed on transfers of stock."

msmobanba on legislative bills appeoved 483

Appeoved :

This is an administrative measure carefully pre-
pared, and provides for the efficient enforcement and
collection of the stock transfer tax.

This measure will remove the difficulties of deter-
mining when and what transfers or shares of stock
have been made and is the result of the experience of
the Comptroller's Department, which in the past has
demonstrated the inability to collect the tax intended
to be imposed under the existing law.

The procedure provided by this bill will make for
uniformity in the bookkeeping methods of transfer
agencies and corporations respecting transfers of
stock and will permit the stock transfer examiners
from the State Comptroller's Department readily to
ascertain the number and amount of such transfers
without unnecessary waste of time.

The State Comptroller estimates that the enact-
ment of this measure will prevent an annual loss of
revenue to the State estimated approximately at
$1,000,000 per year,

I approve the bUl.

(Signed) WM. SULZER

VI

PART 1

EMERGENCY MESSAGES

VI

PART 1

EMERGENCY MESSAGES

Messages certifying to the necessity of the imme-
diate passage of specified Assembly and Senate bills,
in compliance of section 15 of article 3 of the Con-
stitution, were sent to the Legislature of 1913 from
time to time by Governor iSulzer. The measures to
which the messages applied were as follows:

April 28. Senate Bill, Introductory No. 1825, Printed
No. 2466, entitled "An act to amend the tax law, in
relation to franchise tax and credit to be given on
account of purchase of state bonds:"
. April 28. Senate Bill, Introductory No. 1824, Print?^
No. 2465, entitled "An act to amend the tax law, in
relation 'to exceptions and limitations on taxable
transfers.'' . ,

.April 29. , Senate Bill, Introductory No. 1242,
Printed No. 2151, entitled "An act to amend the pub-
lic-health law, generally,';' as amended,

April 30.. Assembly Bill, Introductory No. 2219,
Printed No. 2818, entitled "An act in relatipn to the
rate of interest on certain bonds of ,the stat^j."

April 30. Senate Bill, Introductory Npi 1041,
Printed No. , 1884, May 2>, Assembly Bill, Introductory
No. 1583, Printed No. 1766, entitled "An. act to amend
the penal law, in relation to listing or trading in
securities."

April 30. Assembly Bill, Introductory No. 1113,
Printed No. 1192; Senate Bill, Introductory No,, 811,
Printed No. 1562, entitled "An act to amend the gen-
eral business law, in relation to the listing of securities
for sale on stock exchanges."

[487]

488 Public Papeks of Gtovbbnob Stjlzeb

April 30. Assembly Bill, Introductory No. 1015,
Printed No. 1067, Senate; Reprint No. 2039, entitled
"An act to amend the penal law, in relation to dis-
criminations by exchanges or the members thereof. ' '

April 30. Assembly Bill, Introductory No. 817,
Printed No. 859, entitled "An act to amend the penal
law, in relation to tralnsactions by brokers after
insolvency and in the hypothecation of customers'
securities."

April 30. Assembly Bill, Introductory No. 824, Sen-
ate Reprint No. 2420, entitled "An act to amend the
penal law, in relation to trading by brokers against
customers' orders;"

April 30. Assembly Bill, Introductory No. 818,
Printed No. 860, entitled "An act to amend the penal
law, in relation to false representations concerning
securities. ' '

April 30. Assembly bill. Introductory No. 1016,
Printed No. 1068, entitled "An act to amend the bank-
ing law, in relation to the organization and regulation
of exchange corporations. " •

April 30. Assembly BUI, Introductory No. 823,
Printed No. 865, entitled "An act to amend the penal
law, in relation to reporting or publishing fictitious
transactions in securities."

April BO. Assembly BUI, Introductory No. 1014, Re-
print No. 1986, entitled "An act to amend the penal
law, in relation to the delivery to customers of memo-
randa of transactions by brokers. ' '

May 1. Senate Bill, Introductory No. 1464, Printed
No. 2244, entitled ' ' An act to amend chapter sixty-two
of the laws of nineteern hundred and nine, entitled 'An
act in relation to taxation, constituting chapter sixty
of the consolidated laws,' in relation to the tax imposed
on transfers of stock," as amended.

Memobanda on Legislative Bills Appkoved 489

May 1. Senate Bill, Introductory No. 1857, Printed
No. 2526; Assembly Bill, Introductory No. 2220,
Printed No. 2814, entitled "An act to amend the
Greater New York charter, in relation to stag^ or
omnibus routes, and repealing certain sections thereof
in relation thereto."

May 1. Assembly Bill^ Introductory No. 1517,
Printed No. -2810; Senate Bill, Introductory No. 1067,
Printed No. 2510, entitled "An act to amend the high-
way law, in relation to motor vehicles."

May 1. Senate Bill, Introductory No. 1853, Printed
No. 2518; Assembly Bill, Introductory No. 2221,
Printed No. 2815, entitled "An act to amend the public
service commissions law, in relation to telephone and
telegraph lines and corporations."

May 1. Assembly Bill, Introductory No. 1932,
Printed No. 2235, entitled "An act to authorize the
county of Franklin to issue bonds to procure funds
for the construction and improvement of highways in
said county, and to validate bonds issued by said
county for highway purposes," as amended.

May 2. Sent to the Senate.

May 1. Senate Bill, No. 1460, Assembly Reprint No.
2801, entitled "An act to amend the labor law, in rela-
tion to the employment of chUdreh under fourteen
years in or for a factory, the definition of a factory,
factory buUding and tenement house," as amended.
(Again sent to the Senate on May 2.)

May 1. Senate BiU, Introductory No. 1854, Printed
No. 2519; Assembly Bill, Introductory No. 2222,
Printed No. — , entitled "An act making an appropria-
tion for highway improvement purposes."

May 1. Assembly Bill, Introductory No. 2223,
Printed No. 2817; Senate Bill, Introductory No. 1855,

490 Public Papees oj? Govbbnob Sulzek

Printed No. 2520, entitled "An act making an appro-
priation for the payment of interest on the debt for
Wighway improvement contracted or to be contracted
pursuant to the provisions of chapter two hundred and
ninety^eight of the laws of nineteen hundred and
twelve, for the fiscal year beginning the first of Oc-
tober, nineteen hundred and thirteen." (Again sent
to the Senate May 2.) .'

May 2. Senate Bill, Introductory No. 752, Printed
No. 825, entitled "An act to amend the highway law,
in relation to a new state route on the Albany; post
road."^

May 2. Assembly Bill, Introductory No. 1797,
Printed No. 2811, entitled "An act making appropria-
tions for certain expenses of government and various
miscellaneous appropriaitions and supplying deficien-
cies in former appropriatidnsf," as amfended;

May 2. Assembly Bill, Introductory No. 1798, Printed
No. 2746, Senate Reprint No. 2495^ entitled "An act
making appropriations for the support of govern-
ment," as amended.-

May 2. Senate Bill, Introductory No. 1849, Printed
No. 2507, entitled "An act to^ amend the county law,
in relation to special deputy clerks in certain coun-
ties," as amended.

May 2. Assembly Bill, Introductory No. 180, Printed
No. 183; Senate Bill, Introductory No. 108, Printed
No. 110, entitled "An act to repeal chapter three hun-
dred and fifty-five of the laws of nineteen hxmdrediand
seven, entitled 'An act to incorporate the Long Sault
Development Company and to authorize said company
to construct and maintain dams, canals, power bouses
And .creeks at or near Long Sault island^ for the pur-
pose of improving the navigation of the St. Lawrence

' EMekgen^y Messages 491

river, and developing power' from the waters thereof,
and to construct and maintain a Tjridge and carry on
the manufacture of commodities,' providing for the
payment to such cottipany of certain ffioney^ paid by it
under such act and making an appropriation therefor. ' '

May 2. Senate Bill, Introductory No. 1747, Printed
No. 2405, entitled "An act to limit the diversion within
the state of New York of the waters of Niagara river
abbve the falls of Niagara for pdwer purposes and to
define the volumes which may be so diverted at certain
points afld to forbid diversions in certain cases and to
prevent unlawful diversion and structures and making
provision for the enforcement of this act. " '

May 2. Senate Bill, Introductory No. 1651, Printed
No. 2093, entitled "An act to provide for an exhibition
and celebration in New York city to eohlmemorate the
fiftieth anniversary of the emancipation proclamation';
creating a commission to conduct the same, and mak-
ing an appropriation therefor," as amended.
" Maj 2. Senate Bill, Ihtroductory No. 202, Printed
No. 204, entitled "An act to simplify the practice in
the courts of the state of New York."

May 2. Senate Bill, Introductory No. 1831, Printed
No. 2478, entitled "An act in relation to the selection
of petit and grand jurors.

' May 3. Assembly Bill, Introductory No. 1517, Printed
No. 2810, entitled "An act to amend the highway law,
in' relation to motor vehicles," as amended.

May 3. Senate Bill, Introductory No. 1838, Printed
No; 25i2, entitled "An act making an appropriation
for the piayment of interest on the debtfor barge canal
terminals contracted or to be contracted under the pro-
visions of article seven, section four, of the constitu-
tion," as amended.

492 Public Papers of Gtovbbnor Sulzbk

May 3. Senate Bill, Introductory No. 1839, Printed
No. 2511, entitled "An act making an appropriation
for the payment of interest on the debt for highway
improvement contracted or to be contracted tinder
article seven, section twelve, of the constitution, and
as provided i)y law, for the fiscal year beginning on the
first day of October, nineteen hundred and thirteen,"
as amended.

May 3. Senate Bill, Introductory No. 1836, Printed
No. 2515, entitled "An act to provide ways and means
for the support of government, ' ' as amended.

May 3. Senate Bill, Introductory No. 1837, Printed
No. 2513, entitled "An act making an appropriation
for the payment for the fiscal year beginning on the
first day of October, nineteen hundred and thirteen, of
interest on the canal debt contracted or to be con-
tracted under article seven, section four, of the consti-
tution," as amended.

May 3. Senate Bill, Introductory No. 1834, Printed
No. 2514, entitled "An act making an appropriation
for the payment of interest on the debt for highway
improvement contracted or to be contracted under
article seven, section twelve, of the constitution, and as
provided by law for the fiscal year beginning on the
first day of October, nineteen hundred and twelve."

May 3. Senate Bill, Introductory No. 1017, Printed
No. 2522, entitled "An act making appropriations for
construction, improvements, repairs and equipments
at various state institutions, ' ' as amended.

May 3. Senate Bill, Introductory No. 1759, Printed
No. 2466, entitled "An act to create the department of
state architect and to authorize the appointment of a
state architect as the head of such department and to
define his powers and duties," as amended.

Emergency Messages 493

Statement by Governor Sulzer Concerning the Pending
Stock Exciiange Measures Advocated by Him in His
Special Message on the Subject

State of New York — Executive Chamber

Albany, N. Y., April 30, 1913

TJjjiis, far only two of the measures regulating the
practices and reforming the procedure of trai^saction
of business in stock exchanges have been enacted into
law: Chapter 236 of the Laws of 1913, approved
April 9th, amended the Penal Law in relation to bucket
shops; chapter 253 of the Laws of 1913, approved
April 10th, made it a felony to manipulate the price
of securities.

Believing that the measures still pending with the
Legislature would be of great benefit to the public, if
enacted into law, I have sent emergency messages to
the Legislature requesting the immediate passage of
the following bills affecting stock exchanges :

1. An act to amend the General Business Law, in
relation to the listing of securities for sale on stock
exchanges.

2. An act to amend the Penal Law, in relation to dis-
criminations by exchanges or the practice thereof.

3. An act to amend the Penal Law, in relation to
transactions by brokers after insolvency, and in the re-
hypothecation of customers' securities.

4. An act to amend the Penal Law, in relation to
trading by brokers against customers' orders.

5. An act to amend the Penal Law, in relation to
false representations concerning securities.

6. An act to amend the Banking Law, in relation to
the organization and regulation of exchange corpo-
rations.

494 Public Papebs of GtOveknoe Stjlzeb

7. An act to amend the Penal Law, in relation to
reporting or publishing fictitious transactions and
securities.

8. An act to amend the Penal Law, in relation to
the delivery to customers of memoranda of transac-
tions by brokers. . ,.

9. Also the so-called Kendall bill, relating to unjust
discriminations against the printing or engraving of
bonds or certifidates of stocks.

PART 2

EMERGENCY MESSAGES

(Extraordinary Session)

[495]

VI

PART 1
EMERGENCY MESSAGES

Messages certifying to the necessity of the imme-
diate passage of specified Assembly and Senate bills,
in compliance of section 15 'of. article 3 of the Con-
stitution, were sent to the Legislature of 1913 from
time to time by Grovernor Sulzer. The measures to
which the messages applied were as follows : .

April 28. Senate Bill, Introductory No. 1825, Printed
No. 2466, entitled "An act to amend the tax law, in
relation to franchise tax and credit to be given on
account of purchase of state bonds;"

April 28, Senate Bill, Introductory No. 1824, Printed
No. 2465, entitled "An act to amend the tax law, in
relation to exceptions and limitations on taxable
transfers.'' ■

April 29. .Senate Bill, Introductory No. 1242,
Printed No. 2151, entitled "An act to amend the pub-
lic-health law, generally," as amended.

April 30. Assembly Bill, Introductory No. 2219,
Printed No. 2818j entitled "An act in relation to the
rate of interest on certain bonds of the stat^i"

.April 30. Senate Bill, Introductory No; 1041,
Printed No. 1884- May 2. Assembly Bill, IntrojJuctory
No. 1583, Printed No. 1766, entitled "An act to amend
the penal law, in relation to listing or trading in
securities. ' '

AprO. .30. ;, Assembly Bill, Introductory No., 1113,
Printed; No. 1192 ;; Senate Bill, Introductory S^o. 811,
Printed tNo. 1562, entitled "An act to amend ,thf^ gen-
eral, bu^in^ss, law, in relation to thf , listing of securities
for sale on stock exchanges."

[487]

488 Public Papers of Gtovebnok Sulzee

April 30. Assembly Bill, Introductory No. 1015,
Printed No. 1067, Senate Eeprint No. 2039, entitled
"An act to amend the penal law, in relation to dis-
criminations by exchanges or the members thereof."

April 30. Assembly Bill, Introductory No. 817,
Printed No. 850, entitled "An act to amend the penal
law, in relation to tra;nsactions by brokers after
insolvency and in the hypothecation of customers'
securities."

April 30. Assembly Bill, Introductory No. 824, Sen-
ate Eeprint No. 2420, entitled "An act to amend the
penal law, in relation to trading by brokers against
customers' orders."

April 30. Assembly Bill, Introductory No. 818,
Printed No. 860, entitled "An act to amend the penal
law, in relation to false representations concerning
securities."

April 30. Assembly bill. Introductory No. 1016,
Printed No. 1068, entitled "An act to amend the bank-
ing law, in relation to the organization and regulation
of exchange corporations. ' '

April 30. Assembly Bill, Introductory No. 823,
Printed No. 865, entitled "An act to amend the penal
law, in relation to reporting or publishing fictitious
transactions in securities."

April 80. Assembly BUI, Introductory No. 1014, Re-
print iio. 1986, entitled "An act to amend the penal
law, in relation to the delivery to customers of memo-
randa of transactions by brokers."

May 1. Senate Bill, Introductory No. 1464, Printed
No. 2244, entitled "An act to amend chapter sixty-two
of the laws of nineteen hundred and nine, entitled * An
act in relation to taxation, constituting chapter sixty
of the consolidated laws,' in relation to the tax imposed
on transfers of stock," as amended.

Memoeanda on Legislaiivb Bills Appboved 489

May 1. Senate Bill, Introductory No. 1857, Printed
No. 2526; Assembly Bill, Introductory No. 2220,
Printed No. 2814, entitled "An act to amend tlie
G-reater New York charter, in relation' to stag% or
omnibus routes, and repealing certain sections thereof
in relation thereto."

May 1. Assembly Bill, Introductory No. 1517,
Printed No. 2810; Senate Bill, Introductory No. 1067,
Printed No. 2510, entitled "An act to amend the high-
way law, in relation to motor vehicles."

May 1. Senate Bill, Introductory No. 1853, Printed
No. 2518; Assembly Bill, Introductory No. 2221,
Printed No. 2815, entitled "An act to amend the public
service commissions law, in relation to telephone and
telegraph lines and corporations."

May 1. Assembly Bill, Introductory No. 1932,
Printed No. 2235, entitled "An act to authorize the
county of Franklin to issue bonds to procure funds
for the construction and improvement of highways in
said county, and to validate bonds issued by said
county for highway purposes," as ame.nded.

May 2. Sent to the Senate.

May 1. Senate Bill, No. 1460, Assembly Reprint No.
2801, entitled "An act to amend the labor law, in rela-
tion to the employment of children under fourteen
years in or for a factory, the definition of a factory,
factory building and tenement house," as amended.
(Again sent to the Senate on May 2.)

May 1. Senate BiU, Introductory No. 1854, Printed
No. 2519; Assembly Bill, Introductory No. 2222,
Printed No. — , entitled "An act making an appropria-
tion for highway improvement purposes."

May 1. Assembly Bill, Introductory No. 2223,
Printed No. 2817 ; Senate Bill, Introductory No. 1855,

490 Public Papees of Gtovebnor Sulzeb

Printed No. 2520, entitled "An act making an appro-
priation for the payment of interest on th.e debt for
highway improvement contracted or to be contracted
pursuant to the provisions of chapter two hundred and
ninety^eight of the laws of nineteen- hundred and
twelve, for the fiscal year beginning the first of Oc-
tober, nineteen hundred and thirteen." (Again sent
to the Senate May 2.)

May 2. Senate Bill, Introductory No. 762, Printed
No. 825, entitled "An act to amend the highway law,
in relation to a new state route on the Albany post
road."

May 2. Assembly Bill, Introductory No. 1797,
Printed No. 2811, entitled ' 'An act making appropria-
tions for certain expenses of government and various
miscellaneous appropriations tod supplying deficien-
cies in former appropriations," as amfended'.

May 2. Assembly Bill, Introductory No. 1798, Printed
No. 2746, Senate Reprint No. 2495, entitled "An act
making appropriations for the support of govern-
ment," as amended.

May 2. Senate Bill, Introductory No. 1849, Printed
No. 2507, entitled "An act to amend the county law,
in relation to ' special deputy clerks in certain coun-
ties," as amended.

May 2. Assembly BUI, Introductory No. 180, Printed
No. 183; Senate Bill, Introductory No. 108, Printed
No. 110, entitled "Aji act to repeal chapter threcfhun-
drod and fifty-five of the laws of nineteen hundredland
seven, entitled 'Aji act to incorporate the Long Saillt
Development Company and to authorize said company
to construct and maintain dams, canals, power houses
And creeks at or near Long Sault island, for the pur-
pose of improving the navigation of the St. Lawrence

' ' Emergency' Messages 491

river, and developing powei' from the waters thereof,
and to construct and maintain a bridge and carry on
the manufacture of commodities,' providing for the
payment to such company of certain moneys paid by it
under such act and making an appropriation therefor. ' '

May 2. Senate Bill, Introductory No. 1747, Printed
No. 2405, entitled "An act to limit the diversion within
the state of New York of the waters of Niagara river
abbve the falls of Niagara for power piurposes and to
define the volumes which inay be so diverted at certain
points and to forbid diversions in certa,in cases and to
prevent utiTawfitl diversion and structures and making
provision for the enforcement of tbis act. ' '

May 2. Senate Bill, Introductory No. 1651, Printed
No. 2093, entitled "An act to provide for an exhibition
and celebration in New York city to commemorate the
fiftieth anniversary of the emancipation proclamation ;
creating a commission to conduct the same, and mak-
ing an appropriation therefor," as amended.

May 2. Senate Bill, Introductory No. 202, Printed
No. 204, entitled "An act to simplify the practice in
the courts of the state of New York. ' '

May 2. Senate Bill, Introductory No. 1831, Printed
No. 2478, entitled "An act in relation to the selection
of petit and grand jurors.

May 3. Assembly Bill, Introductory No. 1517, Printed
No. 2810, (entitled "An act to amend the highway law,
in relation to motor vehicles, "as aniended.

May 3. Senate Bill, Introductory No. 1838, Printed
No, 2512, entitled "An act making an appropriation
for the payment of interest on the debt for barge canal
terminals contracted or to be contracted under the pro-
visions of article seven, section four, of the constitu-
tion," as amended.

492 Public Papers op Gtovebkob Sulzek

May 3. Senate Bill, Introductory No. 1839, Printed
No. 2511, entitled "An act making an appropriation
for the payment of interest on the debt for highway
improvement contracted or to be contracted under
article seven, section twelve, of the constitution, and
as provided i)y law, for the fiscal year beginning on the
first day of October, nineteen hundred and thirteen,"
as amended.

May 3. Senate Bill, Introductory No. 1836, Printed
No. 2515, entitled ' ' An act to provide ways and means
for the support of government, ' ' as amended.

May 3. Senate Bill, Introductory No. 1837, Printed
No. 2513, entitled "An act making an appropriation
for the payment for the fiscal year beginning on the
first day of October, nineteen hundred and thirteen, of
interest on the canal debt contracted or to be con-
tracted under article seven, section four, of the consti-
tution," as amended.

May 3. Senate Bill, Introductory No. 1834, Printed
No. 2514, entitled "An act making an appropriation
for the payment of interest on the debt for highway
improvement contracted or to be contracted under
article seven, section twelve, of the constitution, and as
provided by law for the fiscal year beginning on the
first day of October, nineteen hundred and twelve."

May 3. Senate Bill, Intrpductory J^^o. 1017, Printed
No. 2522, entitled "An act making appropriations for
construction, improvements, repairs and equipments
at various state institutions," as amended.

May 3. Senate Bill, Introductory No. 1759, Printed
No. 2466, entitled "An act to create the department of
state architect and to authorize the appointment of a
state architect as the head of such department and to
define his powers and duties," as amended.

•, Emergency Messages 493

Statement by Governor Sulzer Concerning the Pending
Stock Exchange Measures Advocated by Him in His
Special Message on the Subject

State op New York — Executive Chambbk

Albany, N. Y., April 30, 1913

Thus far only two of thi^, measures regulating the
practices and reforming the procedure of transaction
of business in stock exchanges have been enacted into
law: Chapter 236 of the Laws of 1913, approved
April 9th, amended the Penal Law in relation to bucket
shops ; chapter 253 of the Laws of 1913, approved
April 10th, made it a felony to manipulate the price
of securities.

Believing that the measures still pending with the
Legislature would be of great benefit to the public, if
enacted into law, I have sent emergency messages to
the Legislature requesting the immediate passage of
the f oUoAving bills affecting stock exchanges :

1. An act to amend the General Business Law, in
relation to the listing of securities for sale on stock
exchanges.

2. An act to amend the Penal Law, in relation to dis-
criminations by exchanges or the practice thereof.

3. An act to amend the Penal Law, in relation to
transactions by brokers after insolvency, and in the re-
hypothecation of customers' securities.

4. An act to amend the Penal Law, in relation to
trading by brokers against customers' orders.

5. An act to amend the Penal Law, in relation to
false representations concerning securities.

6. An act to amend the Banking Law, in relation to
the organization and regulation of exchange corpo-
rations.

494 Public Papers of Gtoveenoe Sulzbb

7. An act to amend the Penal Law, in relation to
reporting or publishing fictitious transactions and
securities.

8. An act to amend the Penal Law, in relation to
the delivery to customers of memoranda of transac-
tions by brokers.

9. Also the so-called Kendall bill, relating to unjust
discriminations against the printing or engraving of
bonds or certificates of stocks.

VI

PART 2

EMERGENCY MESSAGES

(Extraordinary Session)

[495]

VI

PART 2
EMERGENCY MESSAGES

(Extraordinary Session)

Messages certifying to tlie necessity of the imme-
diate passage of specified Assembly and Senate bills
in complianjce of section 15 of article III of the Con-
stitution were sent to the Legislature of nineteen hun-
dred and ithirteen in extraordinary session. The meas-
ures to which the messages applied were as follows :

June 17. Assembly bill, introductory No. 5, printed
No. 5, entitled "An act tQ amend the tax law, in rela-
tion to franchise tax and credit to be given on account
of purchase of State bonds."

June 17, Message tp the Senate on similar bill.

June 17. Assembly bill, introductory No, 6, printed
No. 6, entitled "An act to amend the tax law, in rela-
tion to exceptions and limitations on taxable trans-
fers." ^,,,, ^ ,, , ,^, ,j .

June 17. Message to the Senate on similar bill,

July 23. Senate bill, introductory No. 22, printed
No. 22, entitled "An act, to amend chapter seven hun-
dred, and seventy -four of the laws of nineteen hundred
^d thirteen, entitled * Aii act jii relation to the housing
of the people in cities of the second-class,' in relation
tq the time when the same slipuld take effect, and mak-
ing such act a chapter of the consolidated laws," as
amended.

July 23. Assembly bill, introductory No. 22, printed
No. 22, entitled "An act to amend the housing law for
second-class cities, in relation to the time when said
law shall take effect," as amended.

[4071

498 Public Papers of Govbenob Stjlzbb

July 23. Senate bill, introductory No. 5, printed
No. 5, Assembly bill introductory No. 8, printed No. 8,
entitled "An act to provide for submitting to tbe elec-
tors of the State, at tbLe general election in the year
nineteen hundted and thirteen, the 'xjiiestion ' Shall
there be a convention ,tQ. revis^ the jQonstitution and
amend the same? ' '.'

July 23. Senate bill introductory No. 33, printed
No. 34; Assembly bill introductory' No. 23, printed No.
2^1 entitled "An act to authorize a city of the second
oi' third-class to adopt a simplified form of govern-
ment. "

July 23. Senate bill introductory No. 29, printed
No. 43 ; Assembly bill introductory No. 16, printed No.
16, entitled "An act to amend the public builflings law,
in relation to the office of state architect, establishing
a department of architecture and an art commission,
and , defining the jurisdiction, powers and duties
thereof," as amended.

July 23. Senate biU introductory No. 23, printed
No. 23; Assembly bill introductory No. 14, printed No.
14, entitled "An act to provide ways and means for the
support bf government. "" ' \' - =•' •''''■

July 23. Senate bill introductory No. 34, printed
,No, 35 ; A&stembly bill introdtictory No. 31, printed No.
32, entitled "An act to authorize the commission on
new prisons to select and plirchase for the State of
New York another site for the neW State prison, to
construct sudh prison and mate appropriation therfe-
for," as amended.

VII

PART 1

APPOINTHENTS

VII

PART 1

APPOINTMENTS

Appointments — Governor Direct

Secretary to the Gtovernor

Jan. 1. Chester C. Piatt, of Batavia, to succeed
John A. Mason, term expired.
Military Secretary

Jan. 1. Edward Gibert Schermerhom, of New
York dty, to succeed Eckford Craven de
Kay, term expired.
Counsel, to the Governor

Jan. 1. Valentine Taylor, of New York City, to
succeed Seymour Van Santvoord, term
expired.

Executive Auditor

Jan. 21. John A. Hennessy, of New York City,

original a^ppointmeiit.
May 1. Samuel Bruckheimer, New York City, to

succeed John A. Hennessy, resigned.

Military Staff

Jan. 1. Henry D. Hamiltop, the Adjutant-General
of the State, of the grade of Brigadier-
General.

Major Reginald L. Foster, 12th Infantry.

Lieutenant Commander Louis M. Joseph-
thai, paymaster. Naval Militia.

Captain Sylvanus G. Teets, Coast Artil-
lery Corps.

Captain Charles R. Seymour, 2d Battalion,
Field Artillery.

[501]

502 Public Papers of Gtoveenok Sulzek

Jan. 1. Captain William J. Costigan, 69th In-
fantry. ^■

Captain Louis D.< Rollins, 3d Infantry.

Captain William D. Finke, Coast Artillery
Corps! ' '"

Captain Patrick J. Walsh, Corps of Engi-
neers.

Captain Charles W. Berry, 14th Infantry.

Captain Charles E. Fiske, Ordnance, De-
partment.

Captain Reynolds K. Townsend, 10th In-
fantry.

First Lieutenant John F. Daniell, 7th In-
fantry.

First Lieutenant; Paul Malone, 65th In-
fantry.

F'irst Lieutenant Lester R. Walton, Coast
Artillery Corps.

First Lieutenant George 0. Redington, 1st
Cavalry.

Second Lieutenant William A. Niver, 2d
Infantry.

Reinstatement of John F. O'Ryan as Majoe-Genebai,
OF THE National Guard of the State of New York

Albany, January 1, 1913
T^ie exe(^uitive, order dated October 3, 1912, purport-
ing to icreate jt^iei offip^e, of chief of staff, and directing
that its d.utie& shall jae performed by the Adjutant-
General of the State, is rescinded.

General orders No. 62, New York State Militia, dated
October 25, 1912, assuming to disbaiid the divisional
organization of the National Guard, and to render
Major-General John F. O'Ryan supernumerary, is
rescinded.

Appointments 503

Major-General Jolm, F. O'Ryan will resume Ms
proper command of the National Gruard of the State
of Ne^w: York.

Tli,e ^Governor issued ithe following statement rega,rd-
ing the, case of Major-General O'Ryan.

"I Jia-vegoiie slowly In this matter andshave carefully considered
tlie questions of tlie law and.tiie facts in, relation to the placing of
General O'Eyan on the Siiperiiunierary list.

"He was regularly nominated % the Governor as Major-'General
commanding the iNational Guard and confirmed by Ithe Senate. I do
not helieye i^t was the ^ntention of the constitutional and legislative
provisions relating to the militia that an oflficer vested with the com-
mand of all the military forces and responsible to the Governor for
their discipline and efficiency should, be summarily displaced from his
office without charges and without an opportunity to meelt any accu-
sation against him. ' Such a situation would ' not only be unfavorable
to the qontinujty of administration with the legislature sought to estab-
lish but to the maintenance of discipline and efficiency.

"After mature deliberation, 1 am satisfied that the action taken in
General O'Ryan's case was contrary to the law, which niust always
pfrevail, and was thdi-efore a nullity and created no vacancy that could
be lawfully filled.

" The present action in my judgmenlt is for the good of the Guard
and will meet the approval of the best military opinion in the State."

Membeks of the Pekky's Victory Centennial Com-
mission . J
Jan. 8. William J. Connlers, of Buffalo, to succeed
John T. Mott, resign©!; no stated term.

State Athletic Commissionee

Jan. 9. James R. Price, of New York City, to suc-
I ceed James E. .Sulliyan, resigned ; for a
term ending Dec. 31, 1916.

A Membee of the Boaed oe EMBALiiiiNG Examiners of
THE State of New Yobk > i i , . , j .

' Jan. 15. Charles F. Moadinger, Jr., of the Bor-
ough of Brooklyn, reappointed for a
term to expire Dec. 5, 1915.

504 Public Papers of Goveenob Sxilzee

Tkustees of the Supebme Coubt Libbaby at White

Plains
Jan. 21. William A. Sawyer, of Portcbester, to
succeed J. Addison Young, term ex-
pired; for a term ending Dec. 30, 1915.
John M. Digney, of White Plains, to suc-
ceed David H. Hunt, term expired ; for
a term ending Dec. 30, 1916.
Frank V. MiUard, of Tarrytown, reap-
pointed for a term ending Dec. 30, 1917.

Tbustebs of the New Yoek State School of Agbi-
culttjbe on long island

Jan. 23. Ira H. LeVeen, of Richmond Hill, to suc-
ceed Frederick H. Cox, term expired;
for a term ending April 18, 1914.

Mar. 31. Daniel T. Cornell, of Rosebank, to suc-
ceed William A. Shortt, term expired;
for a term ending March 31, 1916.

A Mbmbee of the State Advisoby Boabd in Relation
TO Ageicultubal Education and
CouNTEY Life Advancement
Mar. 28. James R. Day, of Syracuse, to succeed
Calvin J: Huson, who became ex officio
a member of said Board upon being ap-
pointed Commissioner of Agriculture.

Teustees of the Schuyleb Mansion

Mar. 31. Ledyard Cogswell, of Albany, reaj)-
pointed for a term to expire April 1,
1918.

May 3. James Fenimore Cooper, of Albany, re-
appointed for a term to expire April
1, 1918.

Appointments 505

Trustees of the Supreme Court Library at Tboy
Mar. 31. Calvin S. McChesney, of Troy, to suc-
ceed Lewis E. Griffith, term expired;
for a term ending Dec. 30, 1913. ^
William J. Roche, of Troy, reappointed

for a term to expire Dec. 30, 1914.
Michael A. Tierney, of Troy, reap-
pointed fbr a term to expire Dec. 30,
1915.

Trustees of the Supreme Court Library at Norwich
April 8. Arthur W. Morse, of New Berlin, to suc-
ceed Hubert C. Stratton, term ex-
pired ; for a term ending Dec. 30, 1913.

Daniel B. Cushman, of Norwich, to suc-
ceed Howard D. Newton, term ex-
pired ; for a term ending Dec. 30, 1914.

Albert F. Gladding, of Norwich, reap-
pointed for a term to expire Dec. 30,
1915.

George W. Ray, of Norwich, reappointed
for a term to expire Dec. 30, 1916.

Charles W. Gray, of Greene, to succeed
Eugene Clinton, term expired; for a
term ending Dec. 30, 1917.

Trustees of the New York Agricultural Experiment

Station
May 3. Adrian Tuttle, of Watkins, to succeed Al-
fred G. Lewis, term expired ; for a term
to expire June 9, 1914.
Thomas B. Wilson, of Hall, reappointed
for a term to expire March 27, 1914.

506 Public Papers bp Goveenoe Stjlzbe

Members Op the Emancipation Peoclamation Com-
mission
(Pursuant to the provisions of chapter 532 of the
Laws of 1913)

May 16. Robert N. Wood, of New York City, who
is; designated asiohairman.
; Sumner H. ; Lark, of the Borough of
. Brooklyn, who is designated as vice-
chairman. , i , !

Rev. Gr,. Simms, of New York City.
John R. Hillery, of New York City.
Rev. William A. Byrd, of 'Rochester.
James D. Carr, of New York City.

John ' Clay ton, of New York City.

James H. Anderson, of New York City.
Dr. W. E. B. DuBois, of New York City.
Jufle 9. Jh Henry Taylor, of New York city, who
is' designated as vice-chairman to suc-
ceed Sumner H. Lark, resigned.
Terms to end ninety days after closing of celebra-
tion. ; . . '}'.

Members or the- New York Monuments Commission
'"FOR THE Battlefields of GhEi'TTSBUEG, Chatta-
nooga AND Antietam
(Pursuant to the provisions of chapter 550 of the
Laws of 1913)
No stated term.
May 17. Colonel Clinton- Beckwith, of Herkimer.
Colonel Lewis R. Stegman, of the Bor-
ough of Brooklyn.
, 27. General Horation C. King, of the Bor-
j j, J , ough of Brooklyn.

The Adjutant-General is ex officio a member of the
above Commisision.

Appointments 507

Membees op the Samuel J. ,,Tii<pEist Memoeial Com-

, MISSION- : ..

(Pursuant to the provisions of cliapter 702 of the
Laws of 1913)

May 24. Herman Riddqji- of New York City.
Ralph, Pulitzer, of New York City.
Albert E. Henschel, of New York City.
Charles E. Miller, of New York City.
George Wilson Smith, o'f New York City;
Augustus Thbinas, of N6# York City.
• * • Talcott 1V"illiams, of New York City.
No stated term.

ANDEESONtlLLB ' PeiSON MoNTTMENT CoMMISSIONEES

(Pursuant to the provisions of chapter 413 of the
Laws of 1913) i'-

■ May 29. Silas G. Burdick, of Cuba.
" Isaac Mv Foster, of Walton.

Robert B. McCuUy, of New York City.
George R. Brown, of New York City.
John MacKenzie, of Wa,tervliet.
No stated term.

The above members to act with three appointed by
the President of the Senate and five by the Speaker of
the Assembly. . '

Appointments — '■ Goveenob Dibect
County OppiciALS
DisTEicT Attoeney — Delavaee County ,

Jan. 7.. Edward E, Conlon, of Downsville, to suc-
, ,i , , . ceed Lewiip F. Raymond, resigned.

Coeonee — Madison County ; ,

.•j Jan. .15. George F. Mills, o;f Qneida, tosijpceed
.^ ,, . Edward T. Bailey, depeased.

508 Public Papers of Goveenok Sulzeb

CoBONER — Schuyler County

Jan. 30. Shepard B. Clark, of Beaver Dams, to
succeed I. L. Chapman, resigned.

Sheriff — Suffolk County

April 28. D. Henry Brown, of Eiverhead, to suc-
ceed Melville E. Brush, removed from
office.

Purchasing Agent — Monroe County

May 13. John B. Biracree, of Rochester, to suc-
ceed Frank J. Hughes, deceased.

County Judge — Clinton County

May 26. Nathan T. Hewitt, of KeeseviUe, to suc-
ceed John B. Riley, resigned.

Sheriff — Schenectady County

June 4. John C. Myers, of Schenectady, to succeed
Christian L. Staver, removed from
office.

Appointments — Governor and Senate
State Hospital Commissioners

Jan. 1. Fred H. Parker, of Esopus, reappointed
for a term to expire December 31,
1916. Confirmed January 1.

Feb. 3. Milton E. Gibbs, of Rochester, to suc-
ceed William Cary Sanger, resigned.
Nomination rejected by the Senate
March 13.

April 22. Eugene M. Strouss, of Rochester, to suc-
ceed William Cary Sanger, resigned.
No action taken by the Senate on this
nomination.

May 7. Eugene M. Strouss, of Rochester. Re-
cess apointment requiring confirma-
tion.

Appointments 509

State Architect

Jan. 1. Herman W, Iloef er, of New York City, re-
appointed. No stated term. Confirmed
Janua,ry 7. *

May 2. Lewis F. Pilcher, of the borough of
Brooklyn, to succeed, Herman W. Hoe-
fer, resigned. No stated term. Con-
firmed May 3.

State Civil Sebvice Commissioners

Jan. 1.; Jacob Neu, of th<.^ borough of Brooklyn,
to succeed John E. Kraft, resigned.
No stated term. Confirmed January
7.
Meyer Wolff, M. D., of New York City,
to succeed Walter C. Burton, resigned.
No stated term. Confirmed January
7.
James A. Lavery, of Poughkeepsie, to
succeed Elek John Ludvigh, resigned.
No stated term. Confirmed January
1. ' ' '
On April 25th the Governor sent the above names
to the Senate foir confirmation, pursuant to the provi-
sions of chapter 352 of the Laws of 1913. Mr. Neu
received a term expiring February 1, 1919 ; Dr. Wolff
a term expiring February 1, 1917, and Mr. Lavery a
term expiring February 1, 1915, Confirmed April 25.

Superintendent of Public Works

Jan. 1. Duncan W. Peck, of Syracuse, reap-
pointed for a term to expire Decem-
ber 31, 1914. Confirmed January 1.

510 Public Papers of Gtovebnob Sulzee

Commissioner of the Board of Claims

Jan. 6. John Jerome Rooney, of New York City,
to succeed Robert L. Luce, resigned.
Term to expire December 31, 1916.
Confirmed January T.
The GrOvernor designated Mr.. Rooney as the Chair-
man of the Commission. ' '

State Tax Commissioner

Jan. 6. Joseph S. Schwab; of New York City, to
succeed Benjamin E. Hall, term ex-
pired. Term to expire December 31,
1915. Confirmed January 7.

Commissioners of the State Board of Charities
Jan. 16. Nicholas M. Peters, of Syracuse, to suc-
ceed John W. Hogan, resigned. Term
to expire March 23, 1915. Confirmed
January 16.i
Mar. 24. William Rhinelander Stewart, of New
i; York City, reappointed for a term to
expire March 23, 1921. Confirmed
March 24. , ;,,,,,,
Herman Ridder, of New York City, re-
appointed for a. term to, expire May 28,
1921. Confirmed March 24. ^
Stephen Smith, M. D, 'of New York City,
reappointed for a term to expire May
28, 1921. Confirmed March 24.
Frank F. Gow, M. D., of Schuylerville,
reappointed for a term to expire
March 23, 1918. (Confirmed March 24.
27. J. Richard Kevin, M. D., of the borough
of Brooklyn, to: succeed Herman A.
Metz, resigned. Term to expire March
23, 1920. Confirmed March 27.

Appointments 5ll

Public' Seevice Commissionee, Fiest !Disteict

Feb. 3. Edward' E.McCall, of New York City,
who is designated as Chairman to suc-
' ceed William E. Willcox, term expired.
Term to expire February 1, 1918. Con-
firmed February 3.'
Public Service Commissionee, Second Disteict ; ,/
Feb. 3. Devoe P. Uodson, of Buffalo, tOr succeed
,, !,;•,'' John: B. Olmsted, term. expir|ed. Term
, ; , i ■ to expire February 1, 1917. Confirmed

, ;/ Febi'ii^'ry 6. , ,

Supeeintendent oe State Peisons

Mar 13., John B. Eiley, of , Plattsbu;rgh, to succeed
Joseph F. Scott, i-emoved from office.
Nomination rejected by the Senate
' May 2. ' " ,
May 2. George S. Weed; of Plkttsburgh, to suc-
ceed Joseph F. Scott, removed from
office. Noinination withdrawn at his
own rfetjuest May 3. '
'3. Herman Riddter, of New York City, to
succeed Joseph F. Scott, removed from
office. Term to expire May 3, 1918.
26. John' B. Riley, of Plattsburgh, to suc-
' ; ' ;.' ' ceed Herman Ridder, 'declined. Re-
■ cess appointment requiring confirma-
'><''' : tion.

Post Waedens of TfiBiPoEx of New Yoek
' Mar. 24. William H. Burns, of New York City, re-
■ appointed for a term to expire March
rl5, 1916.: Confirmed March 24.
April 22.; Richard O 'Keeffe, of New York City, to
succeed Michael H. Blake whose term
expires May 18. Term to expire May
18, 1916. Confirmed April 29.

512 Public Papers of Govebnob Stjlzbb

Agent op the Onondaga Indians, Residing on the Al-
legany, Cattabaugus, Tuscaeoba and Tona-

, WANDA ReSEBVATIONS

Mar. 31. Mrs. Emily P. Lincoln, of Iroquois, re-
appointed for a term to expire April
15, 1916. Confirmed March 31.

Agent op the Onondaga Indians Residing on the
Onondaga Resebvation
April 4. Elias B. Fenner, of South Onondaga, re-
appointed for ia term to expire May
24, 1914. Confirmed April 22.

Palisades Inteestate Paek Commissionees

April 4. William H. Porter, of New York City,

reappointed for a term to expire Feb-
ruary 12, 19i8. Confirmed April 9.
Frederick Sutro, of Bound Brook, N. J.,

to succeed William A. Lynn, resigned.

Term to expire February 12, 1918.

Confirmed April 9.
Nathan F. Barrett, of New RocheUe, to

succeed himself, failed to qualify.

Term to expire February 12, 1917.

Confirmed April 9.
Charles W. Baker, of Montclair, N. J.,

to succeed Abram De Ronde, resigned.

Term to expire February 12, 1917.

Confirmed April 9.
7. Edward L. Partridge, of Cornwall-on-

Hudson, to succeed D. McNeely Stauf-

fer, deceased. Term to expire Febru-
ary 12, 1914. Confirmed April 7.

Appointments 513

Trustees of Washixgton's Headquarters

April 7. William F. Cassedy, of Newburgli, re-
appointed for a term to expire April
1, 1918. Confirmed April 22.

David A. Morrison, of Newburgh, reap-
pointed for a term to expire April 1,
1918. Confirmed April 22.

George R. Brewster, of Ne-v^^biirgli, to,
succeed John H. Roy, resigned. Term
to expire April 1, 1917. Confirmed
April 22. , , ,

Newtown Battlefield Reservation .Commissioners
(Pursuant to tbe provisions of chapter 167 of the Laws

of 1913.)
April 7. John Brand, of Elmira. Term to expire
Feijruary 1, 1918. Confirmed April 7.
Ray Tompkins, of Ehnira. Term to ex-
pire February 1, 1917. Confirmed
April 7.
William H. Lovell, of Elmira. Term to
expire February 1, 1916. Confirmed
April 7.
John M. Connelly, Elmira. Term to ex-
pire February 1, 1915. Confirmed
April 7.
Harry Hoffman, Elmira. Term to ex-
pire February 1, 1914. Confirmed
April 7.

COMMISSIOJJER OP EfFI^IENQY AND EcONOMY

(Pur§iiant to the provisions of chapter 280 of the
'' Laws of 1913.)

April 21. John H. Delaney, of the borough of
Brooklyn. Term to expire April 29,
1918. Confirmed April 29.
17

514 Public Papers of Goveenoe Sulzee

commissioneb of highways

(Pursuant to the provisions of chapter 80 of the
Laws of 1913.)
April 21. John N. Carlisle, of Watertown. Term
to expire April 29, 1918. Confirmed
April 29.

COMMISSIONEE OF LaBOE

(Pursuant to the provisions of chapter 145 of the
Laws of 1913.)
April 21. John Mitchell, of Mount Vernon, to suc-
ceed John Williams, resigned and term
expired. Nomination rejected by' the
Senate May 2.
May 3. John Mitchell, of Mount Vernon. Nom-
ination rejected by the Senate May 3.
16. John Mitchell, of Mount Vernon. Ap-
pointed during the recess of the Sen-
ate.
Note. — This appointment was declared illegal by
the court.

State Faie Commissioner

April 28. Thomas J. Cummings, of Dunkirk, to
succeed Ira Sharp, whose term ex-
pires June 1, 1913. Term to expire
June 1, 1918. Confirmed May 3.

Special Poet Waeden of the Poet of New Yoek

May 14. Michael T. Donnelly, of New York City,
to succeed J. F. Elwood, resigned. Re-
cess appointment requiring confirma-
tion.

Appointments 515

Associate Members of the Industrial Board (Depart-
ment OF Labor)
(Pursuant to the provisions of chapter 145 of the
• ' Laws of 1913)

May 16. Charles C. Flaesch, of Unadilla.

Pauline Goldmark, of New York City.
Richard J. CuUen, of New York City.
Maurice Wertheim, of New York City.
Recess appointments requiring confirmation.
Trustees op the State College of Forestry at Syra-
cuse University
(Pursuant to the provisions of chapter 339 of the
Laws of 1913.)
May 24. Charles Andrews, of Syracuse.
John R. Clancy, of Syracuse.
George W. DriscoU, of Syracuse.
Hendrick S. Holden, of Syracuse.
Louis Marshall, of New York City.
Harold D. Cornwall^ of Beaver Falls.
Alexander T. Brown, of Syracuse.
Edward H. O'Hara, of Syracuse.
Recess appointments requiring confirmation.

STATE HOSPITALS
Manager of the Buffalo State Hospital

Jan. 14. May Perry Cooke, of Buffalo, reajj-
pointed for a term to expire Decem-
ber 31, 1919. Confirmed January 14.
Manager of the Middletown State Homeopathic
Hospital
Jan. 22. Frank Harding, of Middletown, to suc-
ceed Charles L. Mead, term expired.
Term to expire December 31, 1919.
Confirmed February 20.

516 Public Papeks of Goveknok Sulzek

Manager of the Gowanda State Homeopathic Hospi-
tal
Jan. 2^. William F. Wierling, of Buffalo, to suc-
ceed Eugene H. Porter, term expired.
Term to expire December 31, 1919.
Confirmed February 20.

Manager op the Willaed State Hospital

Feb. 10. John W. McCarriagher, of Ovid, to suc-
ceed William S. MacDonald, term ex-
pired. Term to expire December 31,
1919. Confirmed February 20.

Manager of the Saint Lawrence State Hospital

Feb. 12. Mary S. Goodale, of Watertown, reap-
pointed for a term to expire Decem-
ber 31, 1919. Confirmed February 12.

Manager of the Utica State Hospital

Feb. 12. John D. Kernan, of Utica, reappointed
for a term to expire December 31,
1919. Confirmed Febihiary 12.

• Managers of the Manhattan State Hospital

Feb. 13. Julia Kemp West, of New York City, re-
appointed for a term to expire Decem-
ber 31, 1919. Confirmed February 17.
Jacob Katz, of New York City, reap-
pointed for a term to expire Decem-
ber 31, 1917. Confirmed February 13.
Robert Abraham, M. D., of New York
City, to succeed Edward T. Moriarty,'
resigned. Term to expire December
31,1918. Confirmed March 13.
Manager of the Binghamton State Hospital

Feb. 17. William H. Hecox, of Binghamton, re-
appointed for a term to expire Decem-
ber 31, 1919. Confirmed February 17.

Appointments 517

Managers of the Hudson River State Hospital

Feb. 17. William B. Dinsmore, of Staatsburg, re-
appointed for a term to expire Decem-
ber 31, 1919. Confirmed February 17.
Horatio N. Bain, of Poughkeepsie, reap-
pointed for a term to expire December
31, 1916. Confirmed February 17.
Managers of the Mohansic State Hospital

Feb. 17. William I. Sirovich, M. D., of New York
City, to succeed John C. Clark, re-
signed. Term to expire December 31,
1914. Confirmed February 20.

26. John J. CrenUjan, of New Eochelle, to

succeed. Fi:ank Tucker, term expired.
Term to expire December, 31, 1919.
Confirmed March 13.

27. Arthur Outram Sherman, of Rye, reap-

pointed for a term to expire Decem-
ber 31, 1916. Confirmed February 27.

Manager qF the Kings Park State Hospital

Feb. 19. Matthew J. Tobin, of the borough of
Brooklyn, reappointed for a term to
expire December 31, 1919. Confirmed
February 19.
Managers of the Long Island State Hospital

Feb. 24. Penelope Bond Lee, of, the borough of
Brooklyn, to succeed Mabel L. Hast-
ings, term expired. Term to expire
December 31, 1919. Confirmed Feb-
ruary 24.
Mar. 28. Grace Wilson Whitehall, of the borough
of Brooklyn, reappointed for a term
to expire December 31, 1915. Con-
firmed March 28.

518 Public Papeks of Goveknoe Sulzeb

Manager op the Rochestee State Hospital

Feb. 24. John S. Bronk, of Rociiester, to succeed
G-eorge Herbert Smith, term expired.
Term to expire December 31, 1919.
Confirmed March 13.

Manager op the Central Islip State Hospital

Mar. 25. Harry C. Hart, of New York City, to
succeed Lewis Haase, term expired.
Term to expire December 31, 1919.
Confirmed March 27.

CHARITABLE INSTITUTIONS

Managers op the State Agricultural and Ixpustrial
School

Jan. 20. Geofge T. Roche, of Rochester, to suc-
ceed Joseph B. Hone, deceased. Term
to expire February, 1919. Confirmed
February 20.

Feb. 6., James E. Lockington, of Lima, to suc-
ceed Charles E. Bunderlin, term ex-
pired. Term to expire February,
1920. Confirmed February 20.

Manager of the Syracuse State Institution foe
Feeble-Minded Children
Jan. 20. Ralph S. Bowen, of Syracuse, reap-
pointed for a term to expire Febru-
ary, 1920. Confirmed January 20.

Manager of the Western House op Refuge foe

^OMEN

Jan. 21. Caroline H. Bliss, of Buffalo, reap-
pointed for a term to expire February,
1920. Confirmed Januavv 21.

Appointments 519

Mana(!ers of Letchwokth Village
>' ...

Feb. 4. Gouverneur Morris Carnochan, of New

City, to succeed Frank A. Vanderlip,
term expired. Term to expire Febrij^
ary, 1920. Confirmed February 6.
10. Frank A. Vanderlip^ of Scarboro, to suc-
ceed Marion R. Taber, resigned. Term
to expire February, 1914. Confirmed
February 20.
Mar. 27. Mary W. Harriman, of Arden, to succeed
L. Pierce Clark, M- P-> resigned. Term
to expire February, 1915. Confirmed
March 27.

Managers of the State Rbpobmatoey for Misdemean-
ants
Feb. 5. George, M. Parker, of New York City,
reappointed for a term to expire Feb-
ruary, 1914. Confirmed February 20.

James E. Dougherty, of New York City,
reappointed for a term to expire Feb-
ruary, 1915. Confirmed February 20.

James F. Boyle, of New York City, re-
appointed for a term to expire Febru-
ary, 1916. Confirmed February 20.

Herbert H. Lehman, of New York City,
to succeed George G. Davidson, Jr.,
term expired. Term to expire Febru-
ary, 1917. Confirmed February 201

Cyrus L. Sulzberger, of New York City,
reappointed for a term to expire Feb-
ruary, 1918. Confirmed February 20.

Jacob Ruppert, Jr., of New York City,
to succeed Tjiborty Hyde Bailey, term
expired. Term to expire February,
1919. Confirmed February 20.

520 Public Papers of Governor Sulzer

Feb. 5. John J. Brady, of Albany, reappointed,
for a term to expire Febi;uary, 1920.
Comfirmed February 20.

Manager of the State Industrial Farm College

Feb. 5. Isaac Dalrj^mple, of Preston, to succeed
Joseph Beal, term expired. Term to
expire February, 1920. Confirmed
February 20.

Managers of the Craig Colonv for EMleptics

Feb. 6. Edith Winton, of Addison, to succeed
Jeanette E. Hawkins, resigned. Term
to expire February, 1915. Confirmed
February 6.
17. Percy L. Lang, of Waverly, reappointed
for a term to expire Februarj^, 1920.
Confirmed February 17.

Managers of the New York State Reformatory for

Women

Feb. 10. Katharine Cowdin Marquand, of Bed-
ford, reappointed for a term to expire
February, 1920. Confirmed Febru-
ary 10.
17. Florence Jaffray Harriman, of Mt.
Kisco, reappointed for a term to ex-
pire February, 1914. Confirmed Feb-
ruary 17.

Trustees of the New York State Sqi^diers and Sail-
ors' Home
Feb. 10. Jaines R, Silliman, of New York City,
to succeed William W. Robacher, term
expired. Term to expire February,
1920. Confirmed February 20.

Appointments 521

Teustees of the New York State HospttAL foe the
Treatment of Incipient Pulmonary Tubebcu-

LOSIS

Feb. 17. Jolin Henry Huddleston, M. D., of New
York City, reappointed for a term to
expire February, 1920. Confirmed
February 17.

Manager of the New York State . Training ScHOOii
FOR Boys
Feb. 17. Tbomas Pearsall Field, of Sbrub Oak,
reappointed for a term to expire Feb-
ruary, 1920. Confirmed February 17.

Managers of the Ne-vV: York State Training School
FOB Girls
Feb. 17. Charles D. Hilles, of Dobbs Ferry, to
succeed Frederick C. Brown, resigned
and term expired. Terai to expire
■ 1 February, 1916. Confirmed February
17.
Mar. 24. Annie Winsor ' Allen, of White Plains,
reappointed for a term to expire Feb-
ruary, 1918. Confirmed March 24.
- April 14. Edith Eeiffert, of New York City, to suc-
oeedi Charles D. Hilles, failed to qual-
ify. Term to ;expire February, 1916.
Confirmed, April 22.

Managers of 'TtiE Bome State Custodial Asylum

Mar. 10. G-eorge H. Brown, of Rome, to succeed
James A. Douglass, whose term of
office will. expire March 20. Term to
expire February, 1920. Confirmed
March 20.

522 Public Papei{s ok Gpvernok Sulzer

Mar. 10. Frank Blake, of ClintoD, to succeed Ed-
win F. Torrey, Jr., whose terni of office
will expire March 20. Term to expire
February, 1914. Confirmed March 20.
William B. Reid, M. D., of Eome, to suc-
ceed TiiomBsW. Singleton, whose
term of office , .will ^expire March 20.
Term to expire February, 1919. Con-
firmed March 20. - '

Managers of the Thomas Indian School

Mar. 10. Edward 6. Zeller, of Buffalo, to succeed
Henry R. Howland, whose term of
office will expire March 14. Term to
expire February, 1914. Confirmed
March 20.

William C. Hoag, of Salamanca, to suc-
ceed Alfred. L; Jimeson, whose term
of office will expire March 14. Term
to expire February, 1916. Confirmed
March 20.

William F. Woodward, of Growanda, to
succeed Newton A. Chaffee, whose
term of office will expire March 14.
Term to expire February, 1917'. Con-
firmed Miarch 20.

Clara Fitzpatrick, of Buffalo, to suc-
ceed Mate C. Grezinger, whose term
of office will expire March 14. Term
to expire February, 1918. Confirmed
March 20.

Walter S. Kennedy, of Gowanda, to suc-
ceed William Hatch, whose term of
office will expire March 14. Term to
expire February, 1919. Confirmed
March 20.

Appoixtments 523

Mar. 10. William Hunt, of Buffalo, to succeed
William S. Lawton, whose term of
office will expire March. 14 Term to
expire February, 1920. Confirmed
March 20.
19. Frank Mount-Pleasant, of Niagara
Falls, to succeed Theodore L. Jimer-
son, term expired. Term to expire
February, 1915. Confirmed March 20.

Manager of the New Yokk State Hospital foe the

Caee of Crippled and Deformed Children

Mar. 24. Alice Chipman Dewey, of New York

City, reappointed for a term to expire

February, 1920. Confirmed March 24.

Manager of the New York State Woman's Relief
Corps Home
Mar. 26. Laura B. Clarke, of Oxford, reappointed
for a term to expire February, 1920.
Confirmed March 27.

Managers of the State Custodial Asylum for Feeble-
minded Women at Newark
Mar. 31. Sarah F. Arihstrong, of Penn Yan, re-
appointed for a term to expire Feb-
ruary, 1919. Confirmed March 31.
April 2. James A. Randall, of Syracuse, to suc-
ceed Albert T. Fowler, term expired-
Term to expire February, 1920. Con-
firmed April 22.

524 Public Papers of GovEitNOR Sulzeb

Tbustebs oe the New York State School fob the.
Blind
Mar. 31. John Kennedy, of Batavia, to succeed
Frank W. Severne, whose term of
office will expire April 4. Term to ex-
pire February, 1920. Confirmed
March 31.
Elizabeth D. Mix, of Batavia, to succeed
Greorge E. Perren, whose term of office
will expire April 4. Term to expire
February, 1919. Confirmed March 31.

APPOINTMENTS — (iOVERNOR AND SENATE

County and City Officials
County' Judge and Surrogate — Madison County'

Jan. 1. Harrison W. Coley, of Oneida, to suc-
ceed Michael H. Kiley, resigned. Con-
firmed January 1.

Justice of the City Court of the City of New York
Jan. 1. Robert L. Luce, of New York City, to
succeed Thomas F. Donnelly, who was
elected as a justice of the Supreme
Court, First Judicial District. Con-
firmed January 1.

Surrogate — Columbia County

Feb. '5. Samuel B. Coffin, of Hudson, to succeed
Greorge McClellan, resigned. Con-
firmed February 6.

App

OINTMENTS O'SO

Supreme Court Justices
Justice of the Supreme Court, Fourth Judicial Dis-
trict
Feb. 18. Henry V. BoTst, of Amsterdam, as a
justice of the Supreme Court of and
for the Fourth Judicial District, to fill
the vacancy caused by the death of
James W. Houghton. Confirmed Feb-
ruary 18.

Justices op the Supreme Court, First Judicial Dis-
trict
April 21. Bartow S. Weeks, of New York City, as
a justice of the Supreme Court of and
fur the First Judicial District, to fill
the vacancy caused by the death of
Henry Bischoff. Confirmed April 24.
Eugene A. Philbin, of New York City,
as a justice of the Supreme Court of
and for the First Judcial District, to
fill the vacancy caused by the resigna-
tion of Edward E. McCall. Confirmed
April 24.

.justice of the Supreme Court, Fifti-i Judicial Dis-
trict
May 13, Leonard G. Crouch, of Syracuse, as a
justice of the Supreme Court of and
for the Fifth Judicial District, to fill
the vacancy caused by the death of
Peter B. McLennan. Appointment
made during recess of the Senate;
docs not require confirmation.

526 Public Papees oe Gtovebnor Sulzer

HONORARY

Conference in New York City in February, 1913, for
THE Purpose of Securing Legislation in the
States of Connecticut, Massachusetts, Ver-
mont, New Hampshire, New York, New Jer-
sey AND Pennsylvania, in Order to Control the
Production and Handling of Milk and to Elim-
inate Bovine Tuberculosis
Jan. 20. Delegates to Conference :

Harry B. Winters, Albany.

Albert Manning, Otisville.

Julius Broder, M. D., New York City.

Conference on Medical Education and Legislation
Jan. 27. Delegate to the conference on medical
education and legislation of the Amer-
ican Medical Association, to be held
in Chicago, HI., February 24^25, 1913:
William T. Jenkins, M. D., St. George,
S. L
General Assembly of the International Institute
OF Agriculture
Jan. 29. Delegates to the meeting of the General
Assembly of the International Insti-
tute of Agriculture, to be held in
Rome, Italy, in May, 1913.
Vincent Astor, New York City.
Benjamin F. Yoakum, New York City.
George Nieman Lauman, Ithaca.
William C. Brown, New York City.
Henry Morgenthau, Jr., New York City.
Elliott B. Norris, Sodus.
J. William Sanbury, Busti.
Frederick H. Allen, of New York City.

Appointments 527

Jan. 29. Joseph N. Prancolini, New York City.
Charles C. Mitchell, Millbrook.
Edward Hart, New York City.
Robert B. Van Cortlandt, New York

City.
Mrs. Kate Trimble Woolsey, New York
City.
All the States in the Union will be represented at
the above meeting. The delegates will be officially re ■
ceived by the King and Queen of Italy, and upon leav-
ing Rome will be divided into committees and will
visit various European countries for the study of the
following subjects:

Promotion of agriculture by the governments and
by voluntary organizations of the agricultural classes.
The application of the co-operative system to agri-
cultural production, distribution and finance.

The effect of co-operative action upon social condi-
tions in rural communities.

The relation of the cost of living to the business or-
ganization of the food producing clashes.

Federal Aid Gtood Roads Convention

Feb. 10. Delegates to the Second Federal Aid
Good Roads Convention, to be held in
Washington, D. C, March 6-7, 1913 :

Elihu Root, New York City.

James A. 0 'Gorman, New York City.

Lathrop Brown, St. James, L. I.

Dennis 0 'Leary, Douglaston.

Frank E. Wilson, New York City.

Harry Howard Dale, New York City.

James P. Maher, New York City.

William M. Calder, New York City.

John J. Fitzgerald, New York City. .

528 Public Papehs of Gtoveknok Sulzeb

Feb. 10. Daniel J. Griffin, New York City.

James H. O'Brien, New York City.
Herman A. Metz, New York City.
Daniel J. Riordan, New York City.
Henry M. Goldfogle, New York City.
Jefferson M. Levy, New York City.
Micbael F. Conry, New York City.
Peter J. Dooling, New York City.
Joiin F. Carew, New York City.
Tjh,omas Gr. Pat;ten> New York City.
Walter , Mr Chandler, New York City.
Francis Burton Harrison, New York

City.
Henry George, Jr., New York City.
Henry Bruckner, New York City.
Joseph A. Goulden, New York City.
Woodson E. Oglesby, Yonkerg.
Benjamin Irving Taylor, Harrison.
Edmund Piatt, Poughkeepsie.
George McClellan, Kinderhook.,
Peter G. Ten Eyck, Albany.
Janies S. Parker, Salem.
Samuel Wallin, Amsterdam.
Edwin A. Merritt, Jr., Potsdam.
Luther W. Hott, Os\^fego.
Charles A. Taloott, Utica.
George W. Fairchild, Oneonta.
John R. Clancy, SyrkcuSe.
Sereno E. Payne, Auburn.
Edwin S. Underbill, Bath.
Thomas B. Dunn, Rochester.
Henry G. Danforth, Rochester.
Robert H. Gittens, Niagara Falls.
Charles B. Smith, Buffalo.

Appointments 529

Feb. 10. Daniel A. Driscoll, Buffalo.

Charles M. Hamilton, Ripley.

J. E. Soliwarzeribacli, Hornell.

Daniel EothscMld, Ithaca.

Frank J. McGuire, Verplanck.

L. P. Butts, Oneonta.

John A. Karg, Johnstown.

William E; Leffingwell, Watkins.

Frank M. Baucus, Troy.

J. Arthur Jackson, M. D., Dannsville.

R. H. Strong, Millbrook.

Advisory GtGod Roads Commission

Feb. 24. Members of the Commission to investi-
gate the subject of improvement of
road cons-truction, the proper main-
tenance of the same, together with the
proper administration of the High-
way Dejjartment.

Charles E. Treman, Ithaca.

Edward H. Butler, Buffalo.

William D'H. Washington, New York
.City.

Prof. A. H. Blanchard, New York City

Paul L. Schultze, Troy.

George H. McGuire, Syracuse.

William Pierr6pont White, Utica.

James E. Gaffney, New York City.

Eugene W. Stem, 'New York City.

John F. McDonald, Niagara Falls.

Arthur A. McLean, Newburgh.

Henry T. McCord, Merrick.

John J. -Hopper, New York City.

Amasa J. Parker, Albany.

Augustus Thomas, New York City.

530 PuBbic Papers of Goveknob Sulzer

Feb. 10. Arthur J. Deer, Hornell.

Daniel B. Cushman, Norwich.
Lawrence C. Kerwin, Hempstead.
John McGr'arvey, Rochester.

"I liave carefully selected the, members of thi^ CommisBion," said
the Governor, "to confer with me and toadv^ise me regarding the best
way to carry out the provisions of the bill whioh has just passed the
Senate, and which I trust will soon pass the Assembly reorganizing
the Department of Highways into the Department of Good Roads, and
providing every agency to build good roads ^ and to maintain them. I
am anxious to avoid the mistakes of the past, and to be sure to build
good roads for the people in the future and do it in the most econom-
ical and the most effiteient way; and to provide for their careful main-
tenance.

" Jlost of these Commissioners are experts and specialists regarding
the whole subject-matter and are men in whose judgment I have great
confidence. They will, of course, make , suggestions and recommenda-
tions to me, not (?nly, as to the appointinents under the new law, hut
as to the best manner of doing the work so that the taxpayers will
get' a dollar's woi-th of good roads for every dollar of their money ex-
pended. There is nothing in the State to-day in which I am more
deeply concerned. Those who know my sentimetats know this. I want
to go slow and be sure to make no rnistakes. To this end I want the
lioat counsel and advice of the best experts I can get.

" I have lask^d) these gentlemen " said the Governor in conclusion,
" to meet me at the Executive Chamber next Monday at noon and we
will then confer, and work in harmony to get the best results for the
general welfare."

"Conference of the National Child Labor Committee
Feb. 27. Delegates to the Ninth Annual Confer-
ence of the National Child Labor
Conimittee, to be held in Jacksonville,
Florida, March 13-16, 1913.

Samuel Grompers, New York City.

Mrs. Florence Kelley, New York City.

Leo Arnstein, New York City.

Mrs. Mary K. Simkhovitch, New York
City.

Appointments 531

Feb. 10. Daniel Harris, New York City.
George A. Hall, New York City.
Paul M. Warburg, New York City.
Pauline G-oldmark, New York City.
Frederick Almy, Buffalo.
Alfred J. Boulton, New York City.
Mrs. Margaret Fitzgerald Lanson, New

York City.
Rev. John H. Holmes, New York City.
Robert W. de Forest, New York City.
Grace C. Stracliam, New York City.
Rev. Father Francis J. Sullivan, New

York City.
Felix Adler, New York City.
An&ley Wilcox, Buffalo.
Joseph T. Ailing,. Rochester.
Mrs. Walston Brown, Dobbs Ferry.
William H. Maxwell, New York City.
Mrs. Horace A. Eaton, Syracuse.
Anna H. JHayes, Bensonhurst, L. I.
George W. Alger, New" York City.
Anna B. Pratt, Elmira.
Mrs. Elmer J. Bissell, Rochester.
John S. Henry, New York City.
Mrs. Manfred W. Ehrich, New York

City.
V. Eyerit Macy, New York City.
Belle R. Laverack, Buffalo.
Mqr^nay Williams, New York City.
Raymond V. Ingersoll, New York City.
J. K. Paulding, New York City.
Fred S. Hall, New Yoi-k City. "
Zenas L. Potter, -Buffalo.

oo2 Pl'blic Papeus of Govebnob Sulzek

Meeting of the Amekican Academy of Political axd
Social Science
Mar. 15. Delegates to the Seventeenth Annual
Meeting of the American Academy of
Political and Social Science, to be
held in Philadelphia, Pa., April 4-5,
1913.
The six sessions of this meeting will ))e
devoted to the discussion of cost of
living in the IJnited States.
Norman E. Mack, Buffalo.

E. H. Butler, Buffalo.
David S. Taylor, Buffalo.
James W. Greene, Buffalo.
G. K. Rudolph, Buffalo.
Louis M. Antisdale, Rochester.
0. S. Adams, Rochester.

Roy C. Kates, Rochester.
Duncan Tillson, Rochester.
Joseph T. McNally, Albany.
Jaipes T. Glynn, Albany.
Frank W. Clark, Albany.
William C. Warren, Buffalo.
George E. Priest, Ithaca.
.John Moore, Elmira.
Milo Shanks, Elmira.

F. E. Gannett, Elmira.
James H. Potts, Troy.
William Connors, Troy.
Francis W. Joslin, Trt»y.
Edward H. O'Hara, Syracuse.
Walter E. Gardner, Syracuse. -
Willard D. McKinstry, Watertown.
George W. Dunham, Utioa.

Appointments 533

Mai^. 15. W. W. Canfield, Utica.

James A. Clary, Jamestown.
. . , Francis B. Mitchell, Rochester.

Rev. C. W. Heizer, Ithaca.

John Kennedy, Batavia.

Rev. H. Philbrook Morrell, Buffalo.

John R. Shillady, Buffalo.

Don C. Seitz, New York City.

Thomas Darlington, M. D., Now York
City.

Mrs. Elmer Black, New York City.

IT. J. Wright, New York City.

Rev. Madison C. Peters, New York City.

Mrs. Frederick Nathan, New York City.

Pauline Goldmark, N''W York City.

Mrs. Robert Fulton Cutting, New York

^ City.

Mrs. Seth Low, New York City.

Mrs. Douglas Robinson, New York City.

Jacob A. Riis, New York City.

Rev. Thomas R. Slicer, New York City.

Everett P. Wheeler, New York City.

Inteknational Congeess on School Hygiene

Mar. 26. Delegates to represent the State at the
Fourth International Congress on
School Hygiene, to be held in Buffalo,
August 26-30, 1913.

About thirty nations have signified their
intention to send delegates to this
Congress, and most of the States of
the United States will be r-epresented.

Charles B. Alexander, New York City.

William H. Allen, New York City.

Leonard P. Ayres, New York City.

534 Public Papers of Governor Sulzer

Mar. 26. Edward E. Baldwin, M. D., Saranac

Lake.
John A. Barnette, M. D., Water-town.
S. Josephine Baker, M. D., New York

City.
H. H. Benedict, New York City.
Herman M. Biggs, M. D., New York

City.
William H. Bliss, Brooklyn.
Chester A. Braham, New York City.
Clara H. Bredel, Buffalo.
Albert H. Briggs, M. D., Buffalo.
W. C. Brown, New York City.

A. R. Brubacker, Schenectady.
P. I. Bugbeem, Oneonta.

B. H. Butler, Jr., Buffalo.
Andrew Carnegie, New York City.
F. D. Carr, M.D., Batavia.

Rev. William Sheafe Chase, Brooklyn.
Mary B. Cleveland, New York City.
Henry Clews, New York City.
Charles A. Coffin, New York City.
Robert J. Collier, New York City.
John B. Congdon, M. D., Albany.
Andrew J. Conlin, South Lansing.
Wm. J. Comiers Buffalo.
Mrs. Wm. J. Conners, Buffalo.
George B. CortelyOu, New York City.
Luzerne Coville, M. D., Ithaca.
Mrs. John W. Cox, New York City.
R. Fulton Cutting, New York City.
H. P. Davidson, New York City.
Spencer L. Dawes, M. D., Albany.
William C. Demorest, New York Cily.

, , ApPOIIfTMfiNTS 535

Mar. ,26. A. J. Dittqnlioefer, New York City.
James Douglas, New York City.
Cleveland H. D,odge, New York City.
Andrew S. Draper, Albany.
Abram J. Elias, Buffalo.
Mrs. Abram j; Elias, Buffalo.
Arthur W. Elting, M. D., Albany.
Harrington Emerson, New York City.
Robert Erskine Ely, New York City.
Elizabeth E. Farrell, New York City.
Mrs. J. Sloat Eassett, Elmira.
Thomas E. Finegan, Albany.
Stuyvesant Fish, New York City.
Anna L. Flinn, Albany.
Homer Folks, Yonkers,
Henry C. Frick, New York City.
A. S. Frissell, New York City.
Francis E. Fronczak, M. D., Buffalo.
Elbert H. Gary, New York City.
Louis Grlnoksman, New York City.
Evelyn M. G-oldsmith, New York City.
Elgin L. Gould, New York City.
James W. Greene, Buffalo.
J. B. Gre;enhut, New Yprk City.
Mrs. William Randolph Hearst, New

York City. ; ,
George ,K. .Hawkins, Plattsburg.
Charles R. Hedden, New York City.
Frank C. B.. Held, Buffalo.
John L. Heffron, M. D., Syracuse.
Mrs. Charles E. Hensel, Bergen.
Charles D. Hilles, Dobbs Ferry.
William A. Howe, M. D., Albany.
Franklin Chase Hoyt, New York City.

536 Public Papbes of G-overnoe Sulzee

Mar. 26. Mrs. Alice Hubbard, East Aurora.
Elbert Hubbard, Bast Aurora.
Thomas H. Hubbard, New york City.
Arcber M. Huntington, New York City.
Abraham Jacobi, M. D., New York City.
Eleanor H. Johnson, New York City.
Otto H. Kahn, New Ydrk City.
Daniel P. Kelly, Binghamton.
Mrs, Ada Davenport Kendall, Hamburg.
John A. Kingsbury, Yonkers.
Rev. Gr. J. Krim, Buffalo.
]Dr. Cora B. Latin, Buffalo.
Charles. S. Lecky, New York City.
Herbert H. Lehman, New York City.
Henry M. Leipziger, New York City.
Frank W. Love, M. D., Buffalo.
Miss Maria Love, Buffalo.
Seth Low, New York City.
Nornian E. Macli, Buffalo.
Mrs. Norman E. Mack, Buffalo.
Edward Mandel, New York City.
Marcus M. Marks, New York City.
Mrs. Clarence A. Martin, Ithaca.
William H. Maxwell, New York City.
Mrs. Sheldon E. Merri'man, Elba.
John Gr. Milburn, New York City.
John' Mitchell, Mt. Vernon.
Mrs. Wm. A. Montgomery, Rochester.
Miss M'ary L. Morgan, Buffalo.
Henry Morgenthau, New York City.
W. E. Milbank, M. D., Albany.
J. Manning JVEoore, M. D., Albany.
Frank H. Mott, Jamestown.
Rosalie Slaughter Morton, M. D., New
York City.

Appointments 537

Ma,r. 26. W. C. Musclienhfiim,, New York City.

Mary Adelaide Nutting, New York City.
Henry Fairfield Osborn, New York City.
John C. Otis, M, D., Pouglikeepsie.
Frank Qverton, M. D., Patehogue. <
George F. Parker, New York City.
Eugene H. Porter, M. D., Albany.
James B. Reynolds, New York City.
Norman B. Ream, New York City.
John Harsen Rhoades, New York City.
James Riggs, Oswego.
R. R. Rogers, Jamestown.
Arthur G. Root, Albany.
Simon W. Rosendale, Albany.
Gerald K. Rudolph, Buffalo.
Jacob H. Schiff, New York City.
Mortimer L. Schiff, New York City.
Nathaniel Schmidt, Ithaca.
Anthony Schrieber, Buffalo.
Isaac N.' Seligman, New York City.
H. L. K. Shaw, M. D., Albany.
Theodore P'. Shouts, New York City.
Elbridge G. Snow, New York City.
W. B. Sprague, TJtica.
John B. M. Stephens, Rochester.
Mrs. Willard D. Straight, Westbury,

L. I.
Nathan Straus, New York City.
Oscar S. Straus, New York City.
Grace C. Strachan, Brooklyn.
David S. Taylor, Buffalo!
Henry R. Towne, New York City.
Clara Walker, Albany.
Bi-ainard H. Warner, Clifton Springs.

538 Public Papers of Govehnok !Sim./ek

Mar. 2(1 Paul M. Warburg, New York City.
William C. Warren, Buffalo.
W. A. White, D.D.S., Phelps.
Clarence Whitman, New York City.
Ansley Wilcox, Buffalo.
Linsly R. Williams, New York City.
Henry Rogers Winthrop, New York
City.

National Costfebence on Marketing and Faem
Ceedits
April 3. Delegates to the First National Confer-
ence on Marketing and. Farm Credits
to be held in Chicago, 111., on April
8-10, 1913.
H. C. Elwood, Buffalo.
William H. Zary, Watertown.
William H. Giles, Skaneateles.
Fred W. Sessions, Utica.
Albert Manning, Otisville.
E. H. Dollar, Hulberton.
William H. Manning, Saratoga Springs.

Convention of the International Association op
Factory Inspectors
April 8. Delegates to the Convention of the In-
ternational Association of Factory
Inspectors, to be held in Chicago, 111.,
May 6, 1913.
John B. Andrews, New York City.
W. B. Auchenpau, Oneonta.
Joseph Barondess, New York City.
John Bennett, Brooklyn.
A. J. Boulton, Brooklyn.
ArtLur Breen, Brooklyn.
J. M. Breen, Rochester.

Appointments 539

April 8. Jolm Brennan, Saranac Lake.

Simon Brentano, New York City.
Charles Burns, Brooklyn.
Jeremiah T. Carey, Albany.
Walter Charles, Binghamton.

D. J. Conroy, Coming.
Thomas J. Crowley, Little Falls.
Eichard H. Curran, Eochester.
Ed^vard T. Devine, New York City.
John Dignum, Albany.

Anthony P. Donohne, New York City.
James Dooley, Brooklyn.
Eobert E. Bowling, New York City.
Mary E. Drier, Brooklyn.
Abram I. Elkus, New York City.
George A. Farrell, Batavia.
Thomas D. Fitzgerald, Albany.
Edward Fitzgibbons, White Plains.
John Fitzgibbons, Oswego.
J. Fogarty, Syracuse.
T. M. Grafney, Syracuse.
John Gill, New York City.
Pauline Goldmark, New York City.
, Samuel Gompers, New York City.
J. E. Gray, Eensselaer.
Daniel, Harris, New York City.
W. Hopkins, New York City.
Edward D. Jackson, Buffalo.
Florence Kelley, New York City.
Frank Keough, ; Eochester.
M. J. Kiely, Hornell.
Charles T. King, Norwich.
Emanuel Koveleski, Eochester.

E. A. Lilley, Elmira.

540 Public Papers of Gov^knob Sulzek

April 8. J. T. McLaughlin, Bata-^^a.
R. E. Maleady, Corning.
Thomas Milan, Elmira.
John Mitchell, Mt. Vernon.
Henry Morgenthau, New York City.
Henry Moskowitz, New York City.
Stephen Murray, Brooklyn.
Frank Noe, Port Jervis.
Fred Northrup, Poughkeepsie.
H. J. O'Brien, Rochester.
John M. O'Hanlon, Troy.
Miss Frances Perkins, New York City.
Cyrus W. Phillips, Rochester.
Samuel Prince, New York City.
R. R. Quirk, New York City.
Alexander Rosenthal, Utica.
Joseph Robyns, Oneida.
Jeremiah Ryan, Binghamton.
William Ryan, Schenectady.
John Scott, Butfalo.
Henry R. Seager, New York City.
James Sheehan, Rochester.

B. L. Sheintag, New York City.
Alfred E. Smith; Ncav York City.
Nathaniel Smith, Ithaca'.

C. W. Snyder, Port Jervis.
J. 0. Spellman, Rochester.
C. E. Stickles, Owego.

C. Q. Taylor, Middletown.

Charles Tierney, Middletown.

Prank A. Tierney, Albany.

Thomas Tracey, Geneva.

Frank Vincent, Utica.

Robert F. "Wagner, New York City.

Appointments 541

April 8. Lillian D. Wald, New York City.
Thomas G. Walsh, Elmira.
William J. Walsh, New York City.
Timothy Walsh, Port Jervis.
John S. Whalen, Rochester.
W. C. WMsh, Albany.
John Williams, Utica.
George W. Wrightson, Ravena.

American Peace Oongkess

April 24. Delegates to the Fourth American Peace

Congress, to be held in St. Louis, Mo.,

May 1-3, 1913.
Andrew Carnegie, New York City.
Mrs. Elmer E. Bfack, New York City.
Hamilton Holt, New York City.
Nicholas Murray Butler, New York City.
Marcus M. Marks, New York City.
Frank F. Williams, Buffalo.
Oscar S. Straus, New York City.
Daniel J, Dugan, Albany.
Daniel D. Frisbie, Middleburgh.
Rev. Chas. E. Jefferson, New York City.
Rev. James B. Remensnyder, New York

City.
Andrew B. Humphrey, New York City.
Leroy Parker, Batavia.
Sarah S. Mackin, Washington, D. C.

Conference on Weights and Measures

May 6. Delegates to the Eighth Annual Confer-
ence on Weights and Measures, to be
held in Washington, D. C, May M-16,
1913.
John L. Walsh, New York City.
Calvin E. Keach, Troy. •

542 Public Papers of Governok SuLiSEK

International Purity Congress

May 16. Delegates to the Seventh. International
Purity Congress, to be held in Minne-
apolis, Minn>, Nov. 7-12, 1913.
William S. Bennett, New York City.
Rev. Charles H. Parkhurst, New York

City.
Ernst J. Lederle, New York City.
Elizabeth H. Muncie, New York City.

American Association for Labor Legislation

May 26. Delegates tb represent the State at the
conference of the American Associa-
tion for Labor Legislation, to be h4?ld
in Chicago, 111., June 6-7, 1913.

Kobert W. DePorest, New York City.

J. W. Jenks, New York City.

Paul M. Warburg, New York City.

John B. Andrews, New York City.

Felix Adler, New York City.

Leo Arnstein, New York City.

E. J. Cornish, New York City.

Miles M. Dawson, New York City.

Edwin W. De Leon, New York City.

Edward T. Devine, New York City.

Mary Dreier, Brooklyn.

Otto M. Eidlitz, New York City.

Lee K. Frankel, New York City.

Josephine Goldmark, New York City.

Leonard W. Hatch, Albany.

Florence Kelley, New York City.

Owen E. Love joy. New York City.

Anne Morgan, New York City.

Thomas M, Osborne, New York City.

P. Tecumseh Sherman, Auburn.

Appointmejsts 543

May 26. W. G-ilman Thompson, New York City,
John Williams, Utica.
C. E. A. Winslow, New York City.
Samuel Grompers,, New York City.
Daniel Harris, Nbav York City.

Ameeicajst Confeeence on Social Insurance

May 27. Delegates to the First Arrierican Con-
ference on Social Insurance, to be
held in Chicago, 111., June 6-7, 1913.

Samuel McCune Lindsay.

John Mitchell, Mt. Vernon.

Robert W. De Forest, New York City.

Edward T. Devine, New York City.

Miss Anne Morgan, New York City.

HeixYj E. Seager, New York City.

John Williams, Utica.

Thomas M. Oshorn,' Auburn.

Paul M. Warburg, New York City.

Samuel G-ompers, New York City.

P. TecTjmseh Sherman, New York City.

Otto M. Edlitz, New York City.

Leonard M. Hatch, Albany.

Owen R. Lovejoy, New York (ity.

W. Gilman Thompson, New York City.

Miles M. Dawson, New York City.

Edwin W. DeLeon, New York City.

John B. Andrews, New York City.

Fehx Adler, NeV York City.

E. J. Cornish, New York City.

Tjee K. Ftankel, New York City.

Mrs. Florence Kelley, New York City.

W. Pr. iRial, Batavia.

William Oorluun Rice, AIIjutiv.

John T. McDoiiongli, Albany.

John Fitzgibbons, Oswego.

544 Public Papeks of Governoe Sulzek

International Road Congress

May 28. Delegates to the. Third Interna:tional
Road Congress, to be held in London,
Eng., June 23-28, 1913. '
Francis P. Smith, Mamaroneck.
Arthur H. Blanchard, New York City.

Conference of the American Association of Charity
AND Correction
June 10. Delegates to the fourth annual confer-
ence of the American Association of
Charity and Correction, to be held in
Springfield, 111., June 24-26, 1913.

Henry Solomon, New York City.

Wm. R. Stewart, New York City.

J. R. Kevin, M.-D., Brooklyn.

Simon W. Rosendale, Albany.

Dr. Frank M. Gow, Schuylerville.

Nicholas W. Peters, Syracuse.

Daniel W. Burdick, Ithaca.

Horace McGuire, Rochester.

Wm, H. Gratwick, Buffalo.

Jos. C. Baldwin, Jr., Mt. Kisco.

Dr. Stephen Smith, Mt. Kisco.

Thos. H. Mulry, New York City.

Herman Ridder, New York City.

Robt. W. Hebberd, New York City.

John B. Riley, Plattsburgh.

Rt. Rev. Michael J. Lavejle, New York
City.

Mrs. Elbert H. Gerry, New York City.

Mortimer L. Schiff, New York City.

Rt. Rev. Mgr. J. L. Reilly, Schenectady.

Prof. E. H. Briggs, Yorktown Heights.

Charles B. Weisz, Troy.

Appointments 545

June 10. Walter B. Oberlander, Syracuse.
Wm. T. Shanahan, Sonyea.
Richard W. Wallace, Albany.
Mrs. Mary Hinkley, Poughkeepsie. ,
Carleton E. Ladd, Buffalo.
Dr. A. W. Gross, Rochester.
Rev. Dr. A. S. Crapsey, Rochester.
Rev. Charles Graves, Albany.
Samuel J. Tilden, New Lebanon.
Alexander E. Oberlander, Syracuse.
Mrs. Alex. E. Oberlander, Syracuse.
Eugene M. Strouss, Rochester.
S. Louis Schnitzer, New York City.
Dr. Robert S. Hill, Albany.
James H. Manning, Albany.
Ansley Wilcox, Buffalo.
Patrick Redmond, Watertown.
George McLaughlin, Albany.
Gouverneur M. Carnochan, New City.
T. E. McGarr, Albany.
Herbert S. Sisson, Buffalo.
Mary L. Lewis, Buffalo.
Mary Love, Buffalo.
Jos. F. Mooney, New York City.
Henry Moskowitz, New York City.
Mrs. J. B. Harriman, Mt. Kisco.
Cyrus L. Sulzberger, New York City.
Rev. Olaf R. Miller, Albany.
Frederick Almy, Buffalo.
Dr. Hortense V. Bruce, Hudson.
Bert R. Mitchell, Ithaca.
R. E. Wentworth, Batavia.
Frank C. Ferguson, Buffalo.
18

VII
PART 2

APPOINTMENTS

(Extraordinary Session)

VII

PART 2

APPOINTMENTS

(Extraordinary Session)

Appointments — Governor and Senate

MeMBEBS I OF THE StaTE BoaBD OF MaIJAGEBS OF Ee-
FOEMATOBIES

Juije, 18. Willig,!!! F. Rafferty, of Kingston, to
succeed John F- Herbert, term ex-
pired.
Danieli Schoonmaker, of Accord, to suc-
,ceed Frank B. ; Hoornbeek, term ex-
pired. , , , , , ,
(The^enate .took, no action on the above nomina-
tions.)

Teustees of the State College of Foeestby at Syba-

CUSE UnIVEBSITY . ;

June 20. 1 Charles Andrews, (pf. Syracuse, , for a

term to expire June 30, 1919.
John R. Clancy, of Syracuse, for a term

to expire June 30, 1919. , i ,

George W. DriscoU,, of, Syracuse, for a

term to expire June 30,1919.
Henclrick S. IJplden, of Syracuse, for
a term to expire June 30, 1917.
Louis Marshall, of New York City, fox; ^y

term, to expire June 30, 1917.
: IJarpld D. Cornwall,, ,pf Beaver Falls, for

a term to expire June 30, 1917.
Alexander T. Brown, of Syracuse,, ;5or a

ternj to expire June 30, 1915.

[549]

550 Public Papers of Governoe Sulzek

June 20. Edward H. O'Hara, of Syracuse, for a
term to expire June 30, 1915.
All confirmed June 25tli.' ' '
July 8. Francis Hendricks, of Syracuse, in the
place of George E. Dunham, hereto-
fore appointed ' and unable to serve.
The Senate took no action on this noni
ination.
Associate Members of the Industrial Board (Depart-
ment OP Labor)
June 23. Maurice Wertheim, of New York City,
for a terni to expire December 1, 1914.
Richard J. CuUen, of New York City, for

a term to expire Deceml^r 1, 1915.
Charles C. Flaesch, of Unadilla, for a

term to expire December 1, 1916.
Pauline Goldmark, of New York City,
for a term to expire December 1, 1917 J
AH confirmed Jime 25thi ■ >
Trustee of Cornell University

'■ June 23. John De Witt Warner, of New York
City, to succeed Henry W. Sackett,
term expired. ■
(The Senate took no action on the above nomination.)
Wat KINS GlEn Reservation Commission

June 23. John A. Clute, of Watkins, reappointed
for a teriti to expire July 21, 1918.
Confit'ined June 25.
TiitrsTEBS OF THE State School of Agriculture and

Domestic Science at Delhi
(Pursuant to the l;irbvisions df chapter 675 of the
■ Laws of 1913.)

June 24. Paul Nichols, of Walton, term to ex-
pire June 25, 1917. Confirmed June
25.

ApPOlNTMBiSTTS 551

June 24. Andrew J. Nichol, of Delhi, term to ex-
pire June 25, 1917. Confirmed June

25. '■•■ : ^ ;. -f 'ih.ii"K '^ii''''

Harvey A. Williams, of Hancock, term
to expire June 25, 1917, Confirmed
: June 25. . ■ ,,|,..

William H. Maynard, of Delhi, term to
expire June 25, 1915. Confirmed June
25.
William H. Sheffield, of Hobart, term to
expire June 25, 1915. Confirmed June
■,■ ■ ■ 25. , , ,. , ' ., -

COMMISSIQNEKS OF THE StATE ReSEKVATION AT NiAGAEA

June 25. Elton T. Ransom, of Ransomville, to suc-
ceed Eugene Cary, term expired.
Abram J. Elias, of Buffalo, to succeed
Thomas P. Kingsfordy term expired.
John L. Romer, of Buffalo, to succeed

Charles M. Dow, term expired. , ^ ^.,
Obadiah W. ;Cu,tler, of Niagara, Falls, to
succeed William B..,Howland, term ex-
pired. I
(The Senate took no. faction on the above nomina-
tions.)

Fire Island Statei Park Commissioners

July '8. James W. Eaton, of Babylon, to succeed
"' John H. Vail, term expired. ' ■
William Geiger, of Babylon, to succeed

John Clinton Robbins; term expired.
Alfre.l Wagstaff, of New Y'Ork City, to
succeed Samuel Ij.' Parrish, terra ex-
pired.

552 Public Papers of Govbknor Sulzek

July 8. Edward C. Bltim^ of the; borough of
Brooklyn, reappointed.
(The Senate took no action on the above nomina-
tions.) : i ' ,

OoMMISSrONEES OP PRISONS

July 8. Rudolph* F. Diedling, M. D., of Sauger-
ties-on-Hudson, to succeed Simon P-
Quick, term expired.
James T. Murphy, of Ogdensburg, to
succeed Edgar A. Newell, term ex

. (The Senate took no action on the above nomina-
tions.) .;

Hell Gate Pilot ; : -li i.

July 8. Albert A. Por.dham, of City Island, re-
appointed.
(The Senate took no action on the above nomina-
tion.)

Public Service Commissioners, Seco'nd District

July 8. William E. Leffingwell, of Watkins, to
succeed Frank W. Stevens, resigned,
and whose term of office had expired.
Charles J. Chase, of Croton-on-Hudson,
to succeed Curtis N. Douglas who was
, appointed during the recess of the Sen-
ate and whose term has expired.
(The Senate took no action on the above nomina-
tions. ) ,

Note. — On July 1st the Grovernor designated Martin
S. Decker as the chairm;an of said Public Service Com-
mission, second district, to succeed Frank W. Stevens
in such office.

Appointments 553

Commissioner of Labor

July 8. James M. Lynch, of Syracuse, to succeed
' •'■ " John Williams, resigned.

( The Senate took no action on the above nomination. )

CHARITABLE INSTITUTIONS — GOVERNOR
AND SENATE

Trustee of the New York State Soldiers 'and Sailors'
''■''' Home ' ' ' '"■ ''■''■

June 23. Willson R. Caihpbell, of Bath, to succeed
<■''•■ Benton McConnell,- deceased. Term to
expire February, 1916. Confirmed
June 25.

Trustee of the New York State Hospital for the
' Treatment op Incipient Pulmonary Tubercu^
LOSIS • ■

July 8. George L. Brown^ of Elizabeth town, to
succeed Martin E. : MeGlary, resigned.
Term to expire February, 1917.
(The Senate took no action on the above nomination.)

APPOINTMBNTS — GOVERNOR DIRECT

Member OF the Perry's Victory Centennial Commis-
sion
June 16. Willialrti F. Rafferty, of Syracuse, to suc-
ceed Henry Harnion Noble, resigned.
No stated term.

Members, OF the Plattsburgh Centenary Commission
(Pursuant to the provisions o^ chapter 730 of the Laws

of 1913)
June 16. Francis Lynde Stetson, of New York

^ ■"• City.^

Franklin D. Roosevelt, of Hyde Park.

554 Public Pafjjbs of Govebnok Sulzek

June 16. Thomas F. Conway, of Plattsburgli.

Heniy Harmon Noble, of Eseex. ,.

Irving I. Groldsmith, of Saratoga
. . , , , , Springs. ■ < , . -

The members of above Commission to act with five
appointed by the president of the Sena,te and five by
the speaker of the Assembly.
No stated term.

Commissioner to Pkepabe Index to Session Laws and

Statutes of THEiSTATS •; ,.
(Pursuant to tbe^ provisions of chapter 673 of the
li; : Laws of 1913.) ,
June 17. Frederick E. Wadhams, of Albany. No
stated term.

Members of the Commission to Inquire into the Sub-
ject OF Pensions ob Other Relief fob
Widowed Mothebs ■ ■ <,^

(Pursuant to the provisions of chapter 558 of the
Laws of 1913) •
June 19. Mrs. William Einstein, of New York
City.
William Hard, of- New York City.
Miss Sophie Irene Loeb, of New York

City.
Ansley Wilcox, of Buffalo. ,
Dr. W^iUiam I. Sirovich, of New York
City.
, , John D. Lindsay, of New York City.
E. Frank Brewster, of Rochester. '
No stated term. , ,

MeMBEES pF THE CoMMISSIOIf. ON New PbISONS , ,

June 20. Marcus T. Hun, of Albany, to succeed
, : Joseph F., Scott, resigned.

Appointments 555

June 20. Edwin M. Crocker, of Byron, to succeed

Seymour Van Sailtvoord, resigned.

Albion V. Wadhams, of Wadhams, to

, ;. succeed William Townsend, resigned.

Leon, Ci AVeinstock, of New York City,

vice himself, resigned.
Charles Oberlander, of Buffalo, to suc-
ceed James G, Meyer, resigned.
No stated term.

Members iOF the State Boaed of Geogkaphic Names
(Pursuant to the provisions of chapter 187 of the
Laws of 1913.) ''
June 20. Arnold J. F. Van Laer, of Albany ; term
to expire June 20, 1915.
Hugh P. Baker, of Syracuse; term to ex-
pire June 20, 1917.
July 5. Herman Lerby Fairchild, of Rochester;
term to expire June 20, 1919.
The Commissioner of Education and the State Geol-
ogist iare memiaers ex officid of this board.
Members of the New York State Commission fob the

Blind
(Pursiuant to the provisions of chapter 415 of the
''"'"''"' " •' Laws of 1913.) ■'

June, 21. Miss Gertrude ' Bingham, of New York
City; term to expire June 21, 1914.
George B. Burd, of Buffalo; term to ex-
pire June 21, 1915.
Herbert L. Satterlee, of New York City ;

terii^' to expire June 21, 1916.
Miss Lucile A. Goldthwait, of New York

City; term to expire June 21, 1917.
Dr. John H. Finley, of New York City;
term to expire June 21, 1918.

556 Public Papers oii' Gtoveknob Sulzbb

Membebs of the Commission to Peovide foe the .Eeec-
TiON Of a Monument to the 25th New Yoek
Volunteee Cavalby
(Pursuant to the provisions of chapter 717 of the
Laws of 1913.)
June 23. Abiel B. Parks, of White Sulphur
Springs.
Cbl. Heni-y C. Broas, of New York City.
Gabriel F. Currey, of Liberty.
John F. Wolff, of Washington^ D. ( '.

Membebs of the Boabd of Gtoveenobs of the New York

State Nautical School
(Pursuant to the provisions of chapter 322 of the Laws

of 1913. y
June 26. Henry M. Randall, of Brooklyn; term to
;,, expire June 26, 1914..

Edwin T. Douglass, of Buffalo ; term to

expire June 26, 1914. ,

Fred B. Dalzell, of New York City ; term

to expire June 26, 1915.
John C. Hatzel, of New York City; term

to expire June 26, 1915.
Charles , H. Bissikummer, of Albany ;

term to expire June 26, 1915.
George L. Norton, of New York City;

term to expire June 26, 1916.
Jacob W. Miller, of New York City;

term to expire Juiie 26, 1916.
Eugene F. Moran, of New York City ;
term to expire J]ine 26, 1916.

The Commissioner of Education is a member of the
board ex oficio.

Appointments 557

Appointive Members of the Public Health Council
(Pursuant to the provisions of chapter 559 of the
Laws of 1913.)
June 27. Herman M. Biggs, M, D., of New York
City, who is designated as chairman;
term to expire January 1, 1914.
Homer Folks, of Yonkers; term to ex-
pire January 1, 1915.
Mrs. Elmer Blair, of Albany; term to ex-
pire January 1, 1916.
Henry Neely Ogden, of New York City;

term to expire January 1, 1917.
Simon Flexner, M. D., of New York City;

term to expire January 1, 1918.
Edward Clark, M. D., of Buffalo; term
to expire January 1, 1919.
Members of the Tax Law Revision Commission

(In accordance with the provisions of the Supply
bill.)
June 30. AUyn A. Young, of Ithaca.

William Lustgarten, of New York City.
John J. Hopper, of New York City.
Edward L. Heydecker, of New York

City.
Thomas J. Creamer, of New York City.
No stated term.
Members of the New York Commission in Relation

TO Motor Vehicle Legislation
(Pursuant to the provisions of chapter 644 of the
, ; Laws of 1913.)

Julv 8. Samuel Walter Taylor, of New York
,. .; ^ City.

558 Public Papebs of Govebnob Sulzbk

July 8. Fay C. Parsons, of Cortland. ■
Arthur' J. Deer, of Horiiell.
No stated term.

The above Commission to' act with commissioners

appointed by the Governors of Maine, Vermont, New

Hampshire, Massachusetts, Rhode Island, Connecticut,

New Jersey, Pennsylvania, Delawai-e' and Maryland.

Trustee of the New York' State School of Agbicul-

TUEE ON Long Island

July ^ 12. William Wirt Mills,' , of West New

Brighton to succeed Daniel T. Cornell,

resigned, for a term ending March 31,

1916. ' '

Trustees of the Supiieme Coubt Libbary at Pough-

KEEPSIE -,

July 17. John Hackett, of Poughkeepsiej reaj)-
pointed for 'a term to expire December

30, 1916. ■ "* ' '

Samuel K. Phillips, of Matteaivan, re-
appointed for a 'term to expire Decem-
ber 30, 1917.
Trustee of the Schoharie State Scho'ol of Ageicul-
ture
. July, 29. -Charles A. Wieting, of Cobleskill, reap-
pointed foi^ a term to expire August
18, 1918. •■■ ' "■ ■

Appointive Member of t:^e.Sta*e Probation CfyMMis-

SION.

July 29. Alphonso T. Clearwater, of Kittgstdri,
reappointed "for a term to expire July

Aug. ]. John E. Mack, of Poug-hkeepsie, to suc-
ceed John Hackett, resigned; term to
expire December 30, 1916.

f Appointments : — Goveriior Direct »ifi}[.

.liiUin': > County OFnciAiis .H'l M „, \,
CoKONEK — Sullivan County ' '>>i'i' l*
•X July ^^29. Arch B.-'Ro'senstraus; of'Fallsburg, to
0 ^'10 succeed Simon A. Kemp, deceased.'
Coroner — Oneida' County ' -"""i^

' Aug.' ^4. Herman J. Haberer, M. D., of Boonville,
' Z*^,, to succeed Price Lewis, M. D., removed

.Y)i.J>lio( froni county. e"'f6'^>J^

'^" -.n^foH'.F'Va Honorary .ff3._^,t/i

National Conpekence of Charity and Correction

June 21. Delegates to the National Conference of
Charity and Correction to be held at
' Seattle, Wash., July 5-12, 1913 :
Homer Folks, Yonkers, '"
Wm. Rhinelander' Stewart, New York
' City. ,ni>- .<ni-. 0

'Joseph H. Choate, New York City.

Herinan Bidder, New York City.

Dr. Prank F. Gow, Schuylerville.

Joseph 'C^*^ Baldwin, >Jr J, Mt. JKisco.

Simon W. Rosendale, Albany.
' Dr. Stephen Smith, New York City.

Daniel W. Burdick, Ithada.

Nicholas M. Peters, Syracuse.

William'' H. Gratwibk, Buffalo.
' J. Richard Kevin,' Brooklyn.

Thomas *M. Mulry, New York City.

Horace McGuire, Rochester.

Robert W. Hebberd, New York City.

Louisa Lee Schuyler, New York City.

Rev. Lymaii Abbott, New York City.

Geo. P. Canfield, Peekskill.

560 Public Papeks of Goveknok Sulzeb

June 21. Mrs. Edith L. Russell, Cardiff.
Mrs. Ethel G. Russell, Cardiff.
George E. Dunham, Utica.
Miss Lillian D. Wald, New York; City.
Owen R. Lovejoy, New^ York City.
Edward T. Devine, l^ey( Yqrk City.
Michael J. Drummond, New York City.
Patrick A. Whitney, Ne>v York City.
Mortimer L. Schiff, New York City.
Frederick W. Kavanaugh, Waterford.
Robert W. De Forest, New York City.
Mrs. Chas. E. Housel, Bergen.
Mrs. Sheldon E. Merriman, Elba.
Mary L. Morgan, Buffalo.
William Townsend, Utica.
John M. Glenn, New York City.
Henry Moskowitz, New York City.
Frank Tucker, New Rpchelle.
Geo. Nicholson, New York City.
Samuel J. Tilden, New Lebanon.
John B. Riley, Plattsburgh.
Charles S. Rogers, Hudson.
F. E. Gannett, Elmira.
John A. Kingsbury, Yonkers.
Mrs. Wm. B. Rice, New York City.
Edward W. Sheldon, New York City.
Dr. Felix Alder, New York City.
Rev. etas. G. Sewell, Albany.
Mrs. Bernard Bartow, Buffalo.
Mrs. Wm. Bookstayer, Dunkirk.
Dr. Edward B. Angell, Rochester.
Miss Catherine Newbold, Poughkeepsie.
Angus P. Thorne, New York City.
Wm. P. Capes, New York City.
Charles Gibson, Albany.

Appointments 561

^/
Canadian Porestev Convention '

June 25. Delegate to the Canadian TForestry Con-
vention, to be held in Winnepeg, Can-
•<"'* ^ ';;"'' ada, July 7-9, 1913.

•'<■*' Hugh P. Baker, Syracuse.
National Education Association '

July 1. Delegate to the National Education As-
■'^' " sociation, to be held in Salt Lake City,
•''•'■'' Utah, July 7-11, 1913:
Marv L. O'Connor, Buffalo.
Nbgeo National Educational Congress ,'

July 7. Delegates to the Negro National Educa-
tional Congress, to be held in Kansas
^ City, M0.7 July 15-19, 1913.
Mrs. Julia Jackson, Brooklyn.
'Rev. W; H. Brooks, New York City.
Grace Campbell, New York City.
'N. B. Dobson, New York City.
Geo. W. Harris, New York City.
Hunter C. Haynes, New York City.
Johri'C. Montague, New York City.
•Mts.L. L. Williams, Brooklyn.
Eev. J. H. Taylor, New York City.
Dr. J. Henderson, New Yprk City.
rMrs. Wm. Talbot, Buffalo.
Hon. Fred Moore, New Yprk City.
Rev. W. A. Alexander, Brooklyn.
H. A. Spencer, Rochester.
Chas. W. Anderson, New York City.
John M. Royal, New York City.
Rev. J. L. Curis, New York City.
Jas. Percy Hill, New York City.
Frank H. Gilbert, Brooklyn.
Rev. J. C. Roberts, Binghamton.

562 Public Papees of . Gpveenob Sulzeb

July 7. Eev. E. A. (J. ^^Qokg, Saratoga.

Waltei: H. Stewart, jElmira. ,..,\_

J., H. McMull^o, Eochester.
Ralph E. Langston, New York City.
E. A. Jojinson, New Yoji:k: City.
Eev. W. H, Moss, Brooklyn. I
Eev. S. M. Times, Brooklyn.
,|lev; E. M. Maroney, Brooklyn.
ThomafS Bell, New York City.
Sumner JI. Lark, Brooklyn.
George L.. Pryor, New, York City.
Gertrude, Thomjpson, Epcjiester.
. Eey. Alex, falters, Ifew York City.
Prof. .Wm.: Burligh, New York City.
Mrs. Uerith Byne, Eoch^^ter.
Eev. L. I). Twisby, New York City.
Dr, Owen Waller, Brooklyn.
Mrs. J. Henry Taylor, New York City.
Eev. W. A. Byrd, Eochester.
Eev. C. H. Bishop, New York City.
E. A. Taylor, M. D.,.New York City.
Wtti. E. Gross, New York City.
Eev. Wm. P. Hayes, New York City.
Eev. J. C. Carlisle, Troy.
Eev. W. H. Brooks, New York City.
Dr. J. F: Thorpe, New York City.
Lester A. Walton, New York City.
Wm. E. Johnson, Brooklyn.
Eev. W. Daniell, New York City.
Anderson Washington, Batavia.
Peter J. Smith, New; York City.
Miss E^mmaJ'ox,, New York City.

Appointments 563

Fiftieth Anniversary of the Emancipation of the

Slaves

July 7. Delegate's to the Fiftieth Anniversary of

the Emancipation of the Slaves, to be

held in Philadelphia, Pa., the first

week in September, 1913 :

Wesley Young, Brooklyn.

J. H. Taylor, New York City.

Gilchrist Stewart, New York City.

J. Frank Wheaton, New York City.

John B. Clayton, Brooklyn.

Jos. L. Curtis, New York City.

John E. G-l^ed, New York City.

James H. Hayes, ifvfew York City.

James L. Curtis,. N'ew York City.

Louis A, Leavelle, New York City.

Sumner H. Lark, Brooklyn.

Geo. L. Pryor, New York City.

Jas. D. Carr, New York City.

Eev. A. Walters, New York Citj^. '

Jas. Mayhew, New York City.

A. J. Simons, New York City.

Mrs. S. J. Burrell, New York City.

Mrs. Julia Lookett, New York City.

Mrs. Sarah Battles, New York City.

Geo. L. Pryor, New York City.

Josephine Kellogg, New York City.

Mrs. Lelia Walters, New York City.

J. M. Dixon, New York City.

Ml-s. Edith Gardner, New York City.

Mrs. C. E. Jones, New York City.

Mrs. Ella Williams', New York City.

R. W. Justice, N^w York City.

oG4 P[:blic Papers of Govbrnoe Sulzeb

July 7. Captain Hamilton H. Blunt, New York
City.
William, Murrell, New York City.
Wm. E. Gross, New York City.
Mrs, Walter Taylor, New York City.
Mrs. S. J. Page, New York City.
Mrs. Sarah E. Grant, New York Cit\.
J. H. Williams, New York City.
Theo. B. Sraitli, New York City.
Mrs. Walter Handy, New York City.
Mrs. Clarence E. Scot, New York City.
Mrs. Richard E. Cl^rk, New York City.
Mrs. James Curtis, New York City.
Mrs. C. S. Slowe, New York City. '
Mrs. Louise Brown, Brooklyn.
R. M. Motley, New York City.
Miss Sadie E. Parham, New York City.

National; Conventiost of the Fob,waed-to-the-Land
League
July 8. Delegates to the First National Conven-
tion of the Forward- to-the-Land
League, to be held in Boston, Mass.,
August 6-9, 1913 :

Francis B. Mitchell, Rochester.

Joseph N. Francoloni, New York City.

William C. Brown, New York City.

Henry Morgenthau, Jr., New York City.

Mrs. Elbert Hubbard, East Aurora.

William Sa.nbury,, Busti.

Calvin J. Huson, penn Yan.

Dr. Franklin W. Hooper, Long Island
City.

J. J. Dillon, New York City.

ArCOINTMENTS 565

July 8. Vincent Astor, New York City.

H. W. Collingwood, New York City.
, iBenjamin Yoakum, New York City.'
H. A. Vanfredenburg, Port Jervis.
Elliott B. Norris, Sodus.
M. C. Burrit, New York City.
Chas. C. Mitichell, MiUbrook.
... .' Frank C. Helyer, Morrisville.
Dean H. E. Cook, Canton.
Dean L; II. Bailey, Ithaea.
C. W. Burkett, N^ew York City.
Elbert Hubbard, East Aurora.
J. W. Darrpw, Chatham.
American Mining. Congress ; ,,

July 18. Delegate to the American Mining Con-
gress, to be held in Philadelphia, Pa.,
during the week of October 20, 1913:
John Reginald . Burton, of New York
City.

MEETrN(3 OF THE AMERICAN' INSTITUTE OF CRIMINAL LaW

and' Criminology
July 25. Delegates to the Fifth Annual Meeting
of the- American Institute of Criminal
Law and Criminology, to be held in
Montreal, ^Canada, September 3-4,
1913:

John L. Ahearn, Buffalo.

Carlos C. Alden, Buffalo.

George H. Ansley, Salamanca.

Lynn J. Arnold, Albany.

Joseph Aspinwall, Brooklyn.

Josieph S. Auenbach, New York City.

H. Le Roy Austin, Albany.

Henry Bacon, Goshen. '

566 Public Papehs of Gtoveenoe Stjlzer

July 25. William S. Bennett, New York City.
Nathan Bijur, New York City.
Herbert P. Bissell, Buffalo.
Clarence E. Bloodgood, Catskill.
Nelson P. Bonney, Norwich
Henry V. Boret, Amsterdam.
Charles N. Bulger, Oswego.
Matthew P. Breen, New York City.
Francis M. Burdick, New York City.
John H. Burke, Ballston Spa.
James Byard, Jr., Gooperstown.
Frederick W. Cameron, Albany.
John N. Carlisle, Watertown.
Wiliam Carter, Avon.
Alden Chester, Albany.
Fi B. Church, Wellsville.
Sanford T. Church, Albion.
Emory A. Chase, Catskill.
Aaron V. S. Cochrane, Hudson.
Morris Cohn, Jr., Niagara Falls.
Barber B. Connible, Warsaw.
Maurice E. Connolly, Corona.
Fred E. Converse, Ptalmyra.
Thomas F. Conway, Plattsburgh.
Frederick E. Crane, Brooklyn.
James C. Cropsey,. Brooklyn.
F. D. CuUin, OsweSgO;,
Abraham Dittenhoefer, New York City.
Thomas F. Donnelly, New York City.
John E. Dos Passes, New York City.
Thomas H; Dowd, Salamanca.
Victor J. Dowling, New York City.
Da;niel J. Dugan, Albany.
Philip Henry Dtigro, New York City.

Appointments , 567

July 25. Ahram I. Elkus, New York City. :

Mitcljell L. Erlanger, New York City.
Frank C. Ferguson,, Buffalo.
Charles , C. Flaescli,; Unadilla.
Nathaniel. Foote, i RjOclje^tpr.
, , John Ford, New Yojrk City.
Miles F. Frisbie, Schenectady.
Edward. J. Qavegan, New York City.
Leonard A. Giegerich, New York City.
Siawnel Greenba,um, New York City.
Edwin M. Grout, Brooklyn.
Charles L. Guy, New York City.
F'red.erick Haller, Buffalo.
Daniel P. Hayes, Pleasantville.
Grilbert D. B.<JIasbrouck,, Kingston.
Michael H. Hirsschberg, Newburgh.
Frank H, Hiscock, Syracuse.
C. H. Hitchcock, Syracuse.
Warren B. Hooker, Fredonia.
Frank Hopkins, , Syracuse.
, i ,Iian,dolph Horton, Ithapa,.
Wesley 0. Howard, Troy.
J\iarp.us T. Hun, Albany.
George L. Ingraham, New York City.
Isaac M. Kapper, Brooklyn.
Henry P. Keith, Hempstead.
Henry T. Kellogg, Pl9,ttsburgh.
William J. Kelly, Brooklyn.
Martin J. Keogh, New Pochelle.
John D. Kernan, Utic^,
; Michael H. Kiley, Cazenpvia.
Charles L. Knapp, Lowville.
Frederick W- Kruse, Glean.
John S. Lambert, Fredonia.

568 Public Papers of Gdveknob Sulzbb

July 25. Frank C. Laughlin, Buffalo.
D. Edmond Lee, Lockport.
Irviiig Lehman, New York City.
D. D. Lent, Batavia.
Ross M. Lovell, Elmira.
George F. Lyon, Bingliamton.
R. R. Lyon, Bath.
J. D. Lynn, Rochester.
David F. Manning, Brooklyn.
Louis Marshall, New York City.
Chester B! ' McLaughlin; Port Chester.
John D. McTVLahoh, Rome.
John B. Mayo, New York City.
Edgar S. Merrell, Lowville.
■ ' Nathan L. Miller,' Cortland.
Isaac N. Mills, Mt. Vernon.
Henry Morgenthau, New York City.
F. T: Mbynihah, Batavia.
Joseph Morchauser, Pouglikeepsie.
Charles D. Newton, Genesee.
De Lancey Nicoll, New' York City.
William N. Nbble, Ithaca.
Edwin Nottingham, Syracuse.
■ James 'W. Osborne, New York City.
Alton B, Parker, Esopiis.
Amasa J. Parker, Albany.
Francis K. Pearsall, Watertown.
Francis K. Pendleton, New York City.
Charles A. Pooley, Buffalo.
Cuthbcrt W. Pound, Lockport.
Harrington Puth'am, Brooklyn.
William P. Rudd, Albany.
Gedrge F. Roesch, New York City.
Leon R. Sanders, New YbTk City.

xa'i^i ill,/.. Appointments «.{ hi;! )«] 569

>{i<)Y July 25. Townsend Scudder, Glen Head. ,|,

Samuel Nelson Sawyer, Palmyra._

John Sayles, Buffalo, i.

Samuel Seabury, New York City,
f/ Walter Lloyd Smith, Elmira.

Thomas Spratt, Ogdensburg.
,M. C. Spratt, Buffalo.//
'Albert J. Squires, Batavia.

John B. Stanchfield, Elmira.
I Luke D. Stapleton, Brooklyn.

John C. R. Taylor, Middletown.

Col. Jacob L. Ten Eyck, Albany.

Charles T.^^Terry, New York City.

Arthur S. Tompkins, Nyack.

James S. Truman, Owego.

Greenleaf S. Van Gorder, Pike.

William H. Wadhams, New York City. ■

A. D. Wales, Binghamton.
E. D. Warner, Dunkirk.

Edward G. Whitaker, New York City.
Ernest C. Whitbeck, Rochester.
Charles S. Whitman, New York City.
John Woodward, Buffalo.

Dedication of the Peace Palace at the Hague

July 29. Delegate to represent the State at the
dedication of the Peace Palace at the
Hague on August 29, 1913.

B. H. Warner, Geneva.

William O. McDowell, New York City.
Rt. Rev. David H. Greer, New York

City.
Rev. Wm. T. Manning, New York City.
Rev. Junius B. Remensnyder, New York

City.

570 Public Papeks of Goveenok Sulzek

Julv 25. Rabbi Joseph Silverman, New York
. " City.

J. Pierpont Morgan, Jr., New York

City. '
William G. McAdoo, New York City.
Emily Harriman, New York City.
Walter S. Page, London.
William Loeb, Jr., New York City.
Daniel Guggenheim, New York City.
Victor H. Duras, New York City.
Edwin A. McAlpin, Ossining.

iNTEEWA'tlONAL CoNFEBENCE ON EDUCATION

Aug. 5. Delegate to the International Conference
on Education, to be held at the Hague
in September, 1913;
William O. McDowell, New York City.

World Peace Congress,.

Aug. 5. Delegate to the World Peace Congress,
to be held at the Hague, August 20-26,
1913. "'
William O. McDowell, New York City.

VHI
DESIGNATIONS

VIII

DESIGNATIONS

Revocation of Designation of Justice Nathan L. Miller
as Associate Justice of the Appellate Division of the
Supreme Court, First Judicial Department

State of New York -^ Executive Chamber

Whereas the Honorable Nathan L. Miller, a Justice
of ine Supreme Court of tlae Sixth Judicial District,
having, been heretofore designated to sit as an As^o-
ciat0 Justice pf the Appellate Division of the Supreme
Court in and for the First Judicial Department, and he
having filed his written request that such designation
be revoked ;

Now, theeefore, in accordance With the statute in
siich cabe made and provided, the designation hereto-
fore niade of date January 1, 1910, of the

Honorable. Nathan L. Miller

to' sit as Associate Justice of the Appellate Division

of the Supreme Court in and for the First Judicial

Department is hereby and at his own request revoked.

GrivEN under my hand and the Privy Seal of the

' .' 'state at the Capitol in the city of Albany

[l. s.] tiiis tliirteenth day of J'aiiuary in the year

of our Lord one thousand nine hundred and

thirteen.

(Signed) WM. SUL^ER

By the Governor: .

Chester C. Platt

Secretartj to the Governor

[.573]

574 Public Papjchs of Goveknok Sulzer

Designation of Justice Nathan L. Miller as an Associate
Judge of the Court of Appeals

State of New Yoek — * Executive Chamber

Whereas the Judges of the Court of Appeals have
certified to me that said court was unable by reason
of the accumulation of ciauses pending therein to hear
and dispose of the sariie with reasonable speed and
have requested me to' desi^ate a justice of the Su-
preme Court to serve as Associate Judge of the Court
of Appeals to fill the vacancy now existing under the
certificate heretofore made by the judges of said court,
to wit, on December 16, 19i();

Therefore, by virtue of the power conferred upon
me by section 7 of article VI of the Constitution, I do
hereby designate the

Honorable Nathan L. Miller,
of the county of Cortland, who is, a Ju,stice of the Su-
preme Court in and for the Sixth Judifiial District,
to serve as' an Associate Judge of thje Court of Ap-
peals from and after the thirteenth day >of January,
1913, until the causes undisposed of in said cpurt shall
have been reduced, ]to two, hundred in number. ,'

Given, uuder my hand and the Privy Seal, of the ■

State at the Capitol in the city of Albany

[l. S.J this thirteenth day of January in the year

of our Lord one thousand ni^e hundred and

I thirteen,,

(Signed) WI4, SULZER

By the G;overnor :

Chester C. Platt

Secretary to the Governor

Designations 575

Designation of Justice Henry D. Hotchkiss as an Asso=
ciate Justice of the Appellate Division of the Supreme
Court, First Judicial Department '' '

State of New Yoek — Executive Chamber

'"') . (J J> '.»l-j,.'u If.. .-in*! ■ ■■ III

, , It ,app<e^aring to my satisfaction that the pubUc in-
terest requires it; )!j',!")f)i7

Theeefoke,! in accordance with section 2 of article
6 of the Constitution, the^; ^^.^ ,„.j .^^

7(i '^i rii , Honorable Henry D. Hotchkiss, ' 'iUi
of the county of Ne^w York, who is a! Justice of the
Supreme Court of the First Judicial District, is hereby
designated as 'an Associate Justice of the Appellate
Division of the Supreme Court in and for the First
Judicial Department, for the term* j of five years, be-
ginning on the thirteenth day of January, 1913, in the
place of the Honorable Nathan L. Miller, whose .desig-
nation as such Associate Justice has been and at his
own request is revoked.

''"■'l'' Given under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. s.j this thirteenth day of January in the year

of our Lord one thousand nine hundred and

thirteen.

(Signed) WM. SULZEE

By the Governor :

Chester C. Platt

Secretary to tlie Gi)vernor

oTG PuiJiJc Papeks .ok Gov^rnob Sulzek

Redesignation of Justice Almet F, Jenks as. Presiding
Justice of the Appellate Division of the Supreme
Court, Second Judicial Department

State of New Yokk — Executive Chamber

In accordance with section 2 of article 6 of the Con-
stitution and the statute in such case made and' pro-
vided, the '

Honorable Almet P. Jenks, • '

of the county of Kings, who is a Justice of the Su-
preme Court of the Second Judicial District, is hereby
redesignated as Presiding Justice, of; the Appellate Di-
vision of the Supreme Court in and if pr the, Second
Judicial Department for and during his term of office
as a Justice of the, Supreme Court.

Given under my hand and the Privy Seal of the
State at the Capitol in the city of' Albany
|l. s.] this first day of January in the year of
our Lord one thousand nine hundred an'.l
thirteen. : - : ,,:,■. i ,'■■

; (Signed) , '^^M, SUI^ZER

By the Governor: ,;.;>'

Chester C. Platt : ,

Secretary to the ; Governor

Desig n.vtio n s 577

Revocation of Designation of Justice John Woodward as
Temporary Associate Justice of the Appellate Divi =
sion of the Supreme Court, Second Judicial Departs
ment

. State of New Yokk — Executive Chamber

Whereas the Honorable John Woodward, a Justice
of the Supreme Court of the Eighth Judicial District,
having beeu heretofore temporarily designated to eit
as an Associate Justice of the Appellate Division oi:'
the Supreme Court in and for the Second Judicial De-
partment, and he having filed his written request that
such designation be revoked ; ,

Now, THEEEFOEB, in accor4arice with the statute in
such case mad,e and prpvided the designation hereto-
fore made of date January 16, 1911, of the

HONOKABLE JoHN WOODWAED

to sit as an Associate Justice of the Appellate Division

of the Supreme Court in and for the Second Judicial

Department, is hereby and at his own request revoked.

Given under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. 3.] this first day of March in the year of

our Lord one thousand nine hundred and

thirteen.

(Signed) WM. SULZER

By the Governor :

Chester C. PijATt '

Srcretarii to the Governor

19

578 Public Papeks of Goveknoe Sulzer

Designation of Justice Luke D. Stapleton as Temporary
Associate Justice of the Appellate Division of the
Supreme Court, Second Judicial Department

State of New York — Executive Chamber

In accordance with section 2 of article 6 of the Con-
stitution and the statute in such case made and pro-
vided, the

Honorable Luke D. Stapleton,
of the borough of BrookljTi, who is a Justice of the
Supreme Court of the Second Judicial District, is
hereby temporarily designated as an Associate Jus-
tice of the Appellate Division of the Supreme Court
for the Second Judicial Department, to succeed John
Woodward, whose temporary designation as such As-
sociate Justice has been revoked, it appearing to my
satisfaction upon the certification of the Honorable
Almet F. Jenks, the presiding justice thereof, that an
additional Associate Justice is necessary for the
speedy disposition of the business before the court.

Given under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. s.J this first day of March in the year of

our Lord on« thousand nine hundred and

thirteen.

(Signed) WM. SULZER

By the Governor :

Chester C. Platt

Secretary to the Governor

Designations 579

Designation of Justice Harrington Putnam as Temporary
Associate Justice of the Appellate Division of the
Supreme Court, Second Judicial Department

State , or New Yoek — Executive Chambeh

In aocor<ian.oe with, and pursuant to section 2 of ar-
ticle 6 of the Constitution and the statutes in such case
made and provided, the

HONOKABLB HaBEINGTON PuTNAM,

of the borqugh of Brooklyn, in the county of Kings,
State of New York, who is a Justice of the Supreme
Court in and for the Second Judicial District, from
and after May 1, 1913, is hereby temporarily desig-
nated as an Associate Justice of the Appellate Division
of the Supreme Court for the Second Judicial Depart-
ment, it appearing to my satisfaction, upon the certifi-
cate of the Honorable Almet F. Jenks, the presiding
justice thereof, that the Honorable Michael H. Hirseh-
berg, of Newburgh, State of New Yprk, heretofore
designated to sit as an Associate Justice of the Appel-
late Division of the Supreme Court for the Second
Judicial Department, is unable to serve.

Given under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. S.J this twenty-first day of April in the year

of our Lord one thousand nine hundred and

thirteen.

(Signed) WM. SULZER

By the Governor :

Chestee C. Platt

Secretary to the Governor

580 Public Papebs oi-' (ton'ernoe Stjlzer

Designation of Justice Wesley O. Howard as an Associate
Justice of the Appellate Division of the Supreme
Court, Third Judicial Department

State op New Yobk — Executive Chamber

In accordance with section 2 of article 6 of the Con-
stitution and the statute in such case made and pro-
vided, the

Honorable Wesley 0. Howard,
of the city of Troy, county of Eensselaer, who is a
Justice of the Supreme Court of the Third Judicial
District, is hereby designated as an Associate Justice
of the Appellate Division of the Supreme Court in and
for the Third Judicial Department for the term be-
ginning on the fourth day of January, 1913, and ter-
minating with the expiration of his present term of
office as a Justice of the Supreme Court, on December
31, 1916, in the place of the Honorable James A. Betts,
whose term of office has expired.

Given under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. S.J this fourth day of January in the year of

our Lord one thousand nine hundred, and

thirteen.

(Signed) WM. SULZER

By the Governor :

Chester C. Platt

Secretary to the Governor

Designations 581

Designation of Justice John Woodward as an Associate
Justice of the Appellate Division of the itupreme
Court, Third Judicial Department

State of New York — Executive CnAMS'iiK

It appearing to my satisfaction that the public in-
terest requires it;

Thekefoke, in aoeordance with section 2 of article 6
of the Constitution, the

Honokable John Woodward,
of the county of Erie, who is a Justice of the Supreme
Court of the Eighth Judicial District, is hereby desig-
nated as an Associate Justice of the Appellate Divi-
sion of the Supreme Court, in and for the .Third Ju-
dicial Department, for the term of five years, begin-
ning on the first day of March, 1913, to fill the vacancy
caused by the death of James W. Houghton.

Given under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. s.] this first day of March in the year of

our Lord one thousand nine hundred and

thirteen.

(Signed) WM. SULZER

By the Governor :

Chester C. Platt

Secrpinrii to the Govo'nor

582 Public Papers of Govebnob Sulzee

Revocation of Designation of Justice Frederick W. Kruse
as an Associate Justice of tlie Appellate Division of
the Supreme Court, Fourth Judicial Department.

State of New Yoek — Executive Chambee

Whebeas, the Honorable Frederick W. Kmse, a Jus-
tice of the Supreme Court of the Eighth Judicial Dis-
trict, having been heretofore designated to sit as an
Associate Justice of the Appellate Division of the Su-
preme Court in and for the Fourth Judicial Depart-
ment, and he having filed his written request that such
designation be revoked ;

Now, THEEEPOBE, ill accordancc with the statute in
such case m'ade and provided the designation hereto-
fore made of date January 4, 1911, of the

HosroEABLB Feedeeick W. Kbuse,
to sit as Associate Justice of the Appellate Division of
the Supreme Court in and for the Fourth Judicial De-
partment, is hereby and at his own request revoked. ,
Given under my hand and the Privy Seal of the
State at the Capitol in the city of Albany
[l. S.J this thirteenth day of May in the year of
our Lord one thousand nine hundred and
thirteen.

(Signed) WM. SULZER

By the Governor:

Chestee 0. Platt

Secretary to the Governor

Designations 583

Designation of Justice Frederick W. Kruse as Presiding
Justice of the Appellate Division of the Supreme
Court, Fourth Judicial Department

State of New Yobk — Exeoxjtivb Chamber

In accordance with section 2 of article 6 of the Con-
stitution, the

Honokable Feedbeick W. Kruse,
of the county of Cattiaraugus, a Justice of the Supreme
Court of the Eighth Judicial District, is hereby desig-
nated as Presiding Justice of the Appellate Division
of the Stipreme Court in and for the Fourth Judicial
Department, in the place of the Honorable Peter B.
McLennan, deceased, for a term to expire with the ex-
piration of his term of ojfice as a Supreme Court Jus-
tice on December 31, 1914.

GrivEN under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. S.J this thirteenth day of May in the year of

our Lord one thousand nine hundred and

thirteen.

(Signed) WM. SULZEE

By the Gdvernor :

Chester C. Platt

Secretary to the Governor

584 Public Papers ov Goveknoe Sulzbe

Designation of Justice Henry T. Kellogg as an Associate
Justice of the Appellate Division of the Supreme
Court, Fourth Judicial Department

State of New Yokk — Executive Chambee

In accordance vitli section 2 of article 6 of the Con-
stitution and the statute in such case made and- pro-
vided, the

HONOEABLE HeNEY T. KeLLOGG,

of the county of Clinton, who is a Justice of the Suj
preme Court of the Fourth Judicial District, is hereby
designated as an Associate Justice of the Appellate
Division of the Supreme Court, in and for thq Fourth
Judicial Department, for a term to end on the 31st day
of December, 1917, in the place of the Honorable Fred-
erick W. Kruse, who has been designated as Presiding
Justice of said Appellate Di^dsion.

GrivEN under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. S.J this thirteenth day of May in the year of

our Lord one thousand nine hundred and

thirteen.

(Signed) WM. SULZEK

By the Grovernor :

Chester C. Platt

Secretary to the Governor

Revocation of Designation of Justice Henry T. Kellogg
as an Associate Justice of the Appellate Division of
the Supreme Court, Fourth Judicial Department

State of New Yoek — Executive Chambee

Wheeeas, the Honorable Henry T. Kellogg, a Jus-
tice of the Supreme Court of the Fourth Judicial Dis.

Designations 585

tiict, having been heretofore designated to sit as an
Asso<aate Justice of the Appellate Division of the Su-
preme Court in and for the Fourth Judicial Depart-
ment, and he having filed his written request that sucli
designation be revoked ;

Now, THEBEPOEE, in accordance with the statute in
such case made and provided the designation hereto-
fore made of date May 13, 1913, of the

Honorable Henry T. Kellogg,

to sit as Associate Justice of the Appellate Division,
Supreme Court, in and for the Fourth Judicial De-
partment, is hereby and at his own request revoked,

GrivEN under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. S.J on this sixteenth day of May in the year of

our Lord one thousand nine hundred and

thirteen.

(Signed) WM. STJLZER

By the Governor :

Chester C. Platt

Secretary to the Governor

Designation of Justice Edgar S. K. Merrell as an Asso-
ciate Justice of the Appellate Division of tlie Su=
preme Court, Fourth Judicial Department

State of New York — Executive Chamber
In accordance with section 2 of article 6 of the Con-
stitution and the statute in such case made and pro-
vided, the

Honorable Edgar S. K. Merrell,
of the county of Lewis, who is a Justice of the Supreme
Court of the Fifth Judicial District, is hereby desig-

586 Public Papeks of Goveenob Stjlzek

nated as an Associate Justice of the Apx)ellate Divis'ion
•of the Supreme Court in and for the Fourth Judicial
Department for a term of five years, beginning on the
16th day of May, 1913, in the place of the Honorable
Henry T. Kellogg, whose designation to such Appel-
late Division of the Supreme Court in the place of the
Honorable Frederick W. Kruse, who was designated
as Presiding Justice was revoked,

GriVEN under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l,. s.] on this sixteenth day of May in the year of

our Lord one thousand nine hundred and

thirteen.

(Signed) WM. SULZER

By the Governor :

Chestee C. Platt

Secretary to the Governor _

IX

PART 1

SPECIAL TERMS OF COURT

IX

PART 1

SPECIAL TERMS OF COURT

Extraordinary Term of the Appellate Division of the
Supreme Court of the Third Judicial Department at
Albany, N. Y., for the Purpose of Determining the
Question of the Legality of the Appointment of John
Mitchell as Commissioner of Labor

Telegeam to Presiding Justice Waltbk Lloyd Smith

Albany, N. Y,, June 6, 1913
Hon. Walter Lloyd Smith, Elmira, N. Y. :

You are aware tliat the legality of the appointment
of John Mitchell as Commissioner of Labor is ques-
tioned by the Comptroller, who refuses to pay his
salary. A proceeding to mandamus the Comptroller
has been started. The importance of the speedy de-
termination must, of course, be apparent. Th« At-
torney-General is doing everything he can to expedite
matters so that the question can be settled and the De-
partment have a legal head so as to carry out and put
in force the newly enacted Labor Laws. An applica-
tion will be maxie at the Special Term this afternoon
when undoubtedly a proforma order will be made,
either denying or granting the application. An im-
mediate appeal to the Appellate Division in order to
reach the Court of Appeals at its present session,
which will end June 20th, is of the utmost importance.
I, therefore, desire to convene the Appellate Division
in extraordinary session in Albany on Monday, June
9th, so that we may have a determination in that court
in time to reach the Court of Appeals by the following-
week.

(Signed) WM. SULZER

[589]

590 Px'BLic Papers ov Goveknob Sulzbe

APPOINTMENT OF EXTRAORDINARY TERM

State of New Yoek — Executive Chamber

Whereas, in my opinion, the public interest requires
an extraordinary term of the Appellate Division of
th^ Supreme Court of the Third Judicial Department,
to be held at the time hereinafter specified for the
transaction of such business as may come before it, I
hereby designate Monday, June 9, 1913, at two o'clock
in the afternoon as the time, and at the court room set
apart for the session of the Appellate Division, Third
Judicial Department of the Supreme Court, in the city
of Albany, as the place of holding an extraordinary
term of said Appellate Division for the transaction of
such business as shall come before such court, and
notice is hereby given of such appointment.

In my judgment it will be sufficient notice of the ap-
pointment that the same be published in the Albany
Argus, a newspaper published in the city of Albany,
New York, on Saturday, June 7th, and Monday, June
9th, and I direct that such notice be published accord-
ingly and that notice of the appointment of said extra-
ordinary term of the Appellate Division be mailed to
each of the justices composing said Appellate Division
at their place of residence, said day.

Given under my hand and the Privy Seal of
the State at the Capitol in the city of Albany

[l. S.J this sixth day of June in the year of our
Lord nineteen hundred and thirteen.

(Signed) WM. STJLZER

By the Governor:

Chester C. Platt

Secretary to the Governor

IX

PART 2

SPECIAL TERMS OF COURT

(Extraordinary Session)

IX
PART 2
SPECIAL TERMS OF COURT
(Extraordinary Session)
Extraordinary Trial Term of Supreme Court in New City,
Rocldand County, for tlie Trial of Cases Growing out
of the Construction of Highways
State of New York — Executive Chamber
It appearing to my satisfaction that the public in-
terest requii'es it;

Therefore, in accordance with the statute in sucli
case made and provided, I do hereby appoint an ex-
traordinary Trial Term of the Supreme Court, to be
held at the courthouse in New City, Rockland county,
on Monday, July 14, 1913, at ten o 'clock in the forenoon
of that day and to continue so long as may be neces-
sary for the disposal of the business which may be
brought before it ; and I do hereby designate the Hon.
Isaac M. Kapper, of Brooklyn, N. Y., who is a justice
of the Supreme Court of the Second Judicial District,
to hold tlie said Extraordinary^ Trial Term of Supreme
Court as liereinbefore described, and among other
things to oanse to be dr'awn according to law a grand
jury to serve at said Extraordinary Trial Term of the
Supreme Court, and I do further direct that notice of
such appointment be given by publication of this order
once in each week for three successive weeks in the
Nyach Star published at Nyack, N. Y., and the Rocli-
land County Times, published at Haverstraw, N. Y.

Given under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. s.] this seventeenth day of June in the year of

our Lord one thousand nine hundred and

■ thirteen.

(Signed) WM. SULZER

By the Governor :

Chestei^ C. Platt

Serrf'lary to the (TDvernof

f.>9.3]

594 Public Papees of Govebnoe Sulzee

Extraordinary Trial Term of Supreme Court in River^
head, Suffolk County, for the Trial of Cases Growing
out of the Construction of Highways

State op New York — Executive Chambee

It appearing to my satisfaction that the public in-
terest requires it:

Therefore, in accordance with the statute in such
case made and provided, I do hereby appoint an Ex-
traordinary Trial Term of the Supreme Court to be
held at the courthouse in Riverhead, Suffolk county,
N. Y., on Thursday, August 21, 1913, at ten o'clock in
the forenoon of that day and to continue as long as
may be necessary for the disposal of the business
which may be brought before it ; and I do hereby desig-
nate the Hon. Isaac M. Kapper, of the borough of
Brooklyn, who is a justice of the Supreme Court of the
Second Judicial District to hold the said Extraordinary-
Trial Term as hereinbefore described, and among other
things to cause to be drawn according to law a grand
jury to serve at said Extraordinary Trial Term of the
Supreme Court, and I do hereby direct that notice of
such appointment be given by publication of this ordei-
once each week for three weeks in the County Review,
published at Eiverhead, N. Y., and the Herald, pub-
lished at Islip, N. Y.

Given under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. s.] this twenty-sixth day of July in the year of

our Lord one thousand nine hundred and

thirteen.

(Signed) WM. SULZER

By the Governor :

Chestee C. Platt

Secretary to the Governor

Special Terms of Court 595

Extraordinary Trial Term of Supreme Court in Hudson
Falls, Washington County, for the Trial of Cases
Growing out of the Construction of Great Meadow
Prison.

State of New Yobk — Executive Chamber

It appearing to my satisfaction that the pubhc in-
terest requires it;

Therefore, in accordance with the statute in such
case made and provided, I do hereby appoint an Ex-
traordinary Trial Term of the Supreme Court to be
held at the courthouse in Hudson Falls, Washington
county, N. Y., on Tuesday, August 26, 1913 at ten
o'clock in the forenoon of that day and to contiiuie
as long as may be necessa,ry for the disposal of the
business which may be brought before it; and I do
hereby designate the Hon. Henry V. Borst, of Amster-
dam, N. Y., a justice of the Supreme Court of the.
Fourth Judicial District, to hold the said Extraordi-
nary Trial Term as hereinbefore described, and among
other things to cause to be drawn according to law a
grand jury to serve at said Extraordinary Trial Term
of the Supreme Court, and I do hereby; direct that
notice of such appointment be given by publication of
this order once in each week for three weeks in the
Herald, published at Hudson Falls, N. Y., and in the
Whitehall Times, published at Whitehall, N. Y.

GrivEN under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. S.J this twenty-eighth day of July in the year

of our Lord one thousand nine hundred and

thirteen.

(Signed) WM. SULZER

By the Grovernor:

Chester C. Platt

Secretary to the Governor

596 Public Papees of Gtoveenok Sxjlzek

Extraordinary Trial Term of Supreme Court in Carmel,
Putman County, for the Trial of Cases Growing out
of the Construction of Highways

State of New Yoek — Executive Chambee
It appearing to my satisfaction that tlie public in-
terest requires it;

Therefore, in accordance with the statute in such
case made and provided, I do hereby appoint an Ex-
traordinary Trial Term of the Supreme Court to be
held at the courthouse in Carmel, Putnam county,
N. Y., on Monday, August 25, 1913, at ten o'clock in the
forenoon of that day and to continue as long as may be
necessary for the disposal of the business which may
be brought before it; and I do hereby designate the
Hon. Arthur S. Tompkins, of Nyack, N. Y., a justice of
the Supreme Court of the Ninth Judicial District, to
hold the said Extraordinary Trial Term as hereinbe-
fore described, and among other things to cause to be
drawn according to law a grand jury to serve at said
Extraordinary Trial Term of the Supreme Court, and
I do hereby direct that notice of such appointment be
given by publication of this order once in each week
for three weeks in the Putnam County Courier, a news-
paper published at Carmel, N. Y., and in the Putnam
Connty Republican, a newspaper published at Carmel,
N. Y.

Given under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. s.] this twenty-ninth day of July in the year of

our Lord one thousand nine hundred and

thirteen.

(Signed) WM. SULZEB

By the Governor :

Chesteb C. Platt

Secretary to the Governor

Special Tekms of Coukt 597

Extraordinary Trial Term of Supreme Court in Pough=
keepsie, Duchess County, for the Trial of Cases
Growing out of the Construction of Highways

State of New York — Executive Chamber
It appearing to my satisfaction that the public in-
terest requires it :

Therefore, in accordance with the statute in such
case made and provided, I do hereby appoint an Ex-
traordinary Trial Term of the Supreme Court to be
held at the courthouse in Poughkeepsie, Duchess
county, N. Y., on Tuesday, September 2, 1913, at ten
o'clock in the forenoon of that day and to continue
as long as may be necessary for the disposal of the
business which may be brought before it; and I do
hereby designate the Hon. Arthur S. Tompkins, of
Nyack, N. Y., a justice of the Supreme Court of the
Ninth Judicial District, to hold the said Extraordinary
Trial. Term as hereinbefore described, and among other
things to cause to be drawn according to law a grand
jury to serve at said extraordinary Trial Term of the
Supreme Court, and I do hereby direct that notice of
such appointment be given by publication of this order
once in each week for three weeks in the Duchess Dem-
ocrat and Enterprise, published at Poughkeepsie, N. Y.,
and in the News Telegraph, published at Poughkeepsie,
N. Y.

GrivEN under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. s. I this twenty-ninth day of July in the year of

our Lord one thousand nine hundred and

thirteen.

(Signed) WM. SUT.ZER

By the Governor :

Chester 0. Pi.att

Secretary to the Governor

X

PART 1

REMOVAL PROCEEDINGS AND INVESTI=

GATIONS

..'X .
PART 1
REMOVAL PROCEEDINGS AND INVESTIQATIONS
Matter of Assumed Purchase of Arsenal Site in the City
of Albany, by Former Adjutant-General Verbeck, and
the Payment of $46,012.50 for Such Site

Report or Committee of Inqtjiky

Albany, January 8, 1913
Hon. William Sttlzee, Governor of ihe State of New
York, Albany, N. Y.:
Deae Sir. — We, the iiitidersigned, appointed, by you
as a Committee of Inquiry in connection with the
administration of State affairs, beg to report that as
a result of an investigation held this day it was ascer-
tained that General William Verbeck, lately Adjutant-
General of the State of New York, assumed to pur-
chase and pay the sum of forty-six thousand twelve
dollars and fifty cents ($46,012.50) for the purchase of
a site for a location of an arsenal stores in the city
of Albany; that the contract was alleged to have been
signed by General Verbeck on behalf of the State
Board of Armory Commissioners; that the State
Board of Armory Cominissiohers never recommended
said purchase but, on the contrary, by express resolu-
tion disapproved of the purchase, and the Attorney-
General of the State, who is the legal adviser of the
Board of Armory Commissioners, also advised that
said purchase could not be made ; that in our opinion
this purchase was illegal and that proper steps should
be taken, through the proper State officials, to tender
back the deed of said property and require the restitu-
tion of the money, with interest.
Yours respectfully,

J. N. CARLISLE,
JOHN H. DELANEY,
H. GORDON LYNN,

Committee of Inquiry.

[601]

602 Public Papebs of GtOveenor Sulzee

Transmission of Repobt to ATTORNEr-GBHEBAX,

State op New York — Exbcittive Chambeb

Albany, January 9, 1913

Hon. Thomas Cabmody, Attorney-General, Albany,
■N. Y.:

My Deab Mb. Caem;ody. — Enclosed I send you a re-
port of the Committee of Inquiry dated January 8,
1913, in; relation to the assumed purchase of certain
property By the State in the city of Albany, and
respectfully request that you institute immediate pro-
ceedings to recover back for the State the $46,012,50
involved therein.

Very respectfully yours,

(Signed) WM. SULZER

Reply of Attokney-Gtenebal
Thomas Caemody, Attobney-Genebal

January 9, 1913
Hon. William Sulzee, Governor:

My Deab Govebnoe. — I am in receipt of your letter
of the 9th inst., enclosing report of Committee of
Inquiry, dated January 8, 1913, in relation to the
assumed purchase of property for armory site, etc.,
and requesting that immediate proceedings be insti-
tuted to recover back for the State the sum of
$46,012.50. Proceedings will be commenced at once.

Thanking you for bringing the matter so promptly
to my attention, I am.

Very respectfully yours,

THOMAS CARMODY

Removal Proceedings and Investigations 603

Statement by Goveenob

January 31, 1913

THE PIKST national BANK EEFUNDS THE MONEY ON THE
HINKLEMAN PBOPEKTY ,

The First National Bank of Albany delivered to the
Attorney-General to-day a check payable to H. D.
Hamilton, Adjutant-General, to reimburse the contin-
gent fund of the Adjutant-General's office for the
money paid out of the fund in the alleged, purchase of
the Hinkleman real estate and the interest thereon
from the time of the alleged transfer of the property,
the interest amounting to about $700.

This is the property which it was discovered by the
Commission of Inquiry had been paid for out of the
contingent fund of the Adjutant-General's office by
former Adjutant-General Verbeck, contrary to the
advice of the Attorney-General that such property
could only be purchased from f\mds derived from the
sale of the arsenal in New York city, pursuant to chap-
ter 898 of the Laws of 1911.

This statute provided for a sale of the arsenal and
the purchase from the proceeds of an arsenal site else-
where. The New York city arsenal is as yet unsold.
A demand was made by the Attorney-General on the
bank for the money January the 10th, 1913, with the
result that the check was delivered to the Attorney-
General to-day.

604 Public Papers oi*' Gtovernob Sulzek

Letter to William B. Ellison Whom Governor Sulzer
Appointed as Special Commissioner to Investigate
the Subject of Fire Insurance

State of New Yobk — E>se|Cutive Chambek

January 4, 1913

William B. Ellison, Esq., 165 Broadway, New York
City:

Dear Sib. — I have received many communications,
both written and oral, which have officially directed my
attention, among other matters relating to fire insur-
ance, to the form of the standard fire insurance policy
provided by statute and now used in this State.

It has been stated that our standard form requires
radical revision and improvement in order to do jus-
tice between both the insurer and the insured.

In addition, the many decisions of the courts, some
conflicting with others, have produced a condition of
much confusion in regard to the exact scope, meaning
and effect of our standard fire insurance policy.

The State of New York and its citizens should enjoy
the use of the very best form of fire policy it is pos-
sible to devise. It is apparent that legislation is neces-
sary to make clear and definite the provisions of an
adequate and proper form of standard policy and
bring about the desired beneficial results in the interest
of all the citizens of the State.

To the end that I may properly recommend appro-
priate legislation in this respect, at my personal re-
quest, you have, with generous action and fine public
spirit, offered your services entirely without compen-
sation or other expense to the State, in collating neces-
sary facts, receiving suggestions and making recom-

Removal Peocbediklis and Investigations 605

mendations as to what changes, if any, are expedient
and advisable in the laws of our State relating to this
particular subject.

With your long and varied experience as a lawyer,
particularly in insurance matters, I am confident that
your carefully formed opinions will be of the greatest
value and assistance to me in suggesting the necessary
legislation.

I take pleasure in transmitting to you herewith your
designation as my Special Commissioner for such pur-
pose, and wish you to understand that it is not my
intention to limit you merely to the consideration of
the form of standard fire policy, but your inquiry
should properly include every phase of the subject of
fire insurance.

I desire to commend your action in thus serving the
community as a most welcome illustration of the public
spirit of our citizens. I shall be glad to receive your
report at as early a date as you may find practicable.

I have the honor to remain

Respectfully yours

WM. SULZER

Members of a Special Commission Appointed by Gov=
ernor Suizer to Recommend Matters Affecting Public
Health, and Public Health Administration, of the
State of New York

Statement by Goveknoe when Making Appointments

Albany, January 10, 1913

1. Dr. Herman M. Biggs, Chairman, of New York. —

General medical officer of the New Yorlt city health

department for many years, member board of directors

Rockefeller Institute for Medical Research, and hon-

606 Public Papers of Gtovbenoij Sulzek

oraiy fellow, Sanitary Institute, Great Britain, and
one of the highest sanitary authorities in the United
States.

2. Mr. Homer Folks, Secretary, of Yonkers. — Mr.
Folks is secretary of the State Charities Aid Associa-
tion, and is president of the National Association for
the Study and Prevention of Tuberculosis, being the
first layman elected to that position. He is chairman
of the sociological section of the American Public
Health Association, and is secretary of the Mental
Hygiene Committee for this State.

3. John A. Kingsbury, Assistant Secretary, of Yon-
kers.—General agent of the Association for Improv-
ing the Condition of the Poor.

4. Dr. Edward R. Baldwin, of Saranac Lake, who
has been for a term of years in charge of the Trudeau
Laboratory for tuberculosis investigation, and is a
member of the tuberculosis advisory board of the State
Department of Health.

5. Mr. Ansley Wilcox, of Buffalo. — Lawyer, presi-
dent of the Charity Organization Society of that city,
which has been active in promoting housing reform
and public health work in Buffalo.

6. Miss Adelaide Nutting, of Columbia University,
New York city. — Miss Nutting has had wide experi-
ence as a trained nurse, as superintendent of the Train-
ing School for Nurses of the Johns Hopkins Hospital
in Baltimore, and at present is professor of nursing
and health in Teachers ' College, Columbia University.

7. Dr. John C. Otis. — President of the board of
health of Poughkeepsie and president of the board of
public works of that city; active in all the civic and
social betterment agencies in that city; ati authority
on the prevention of typhoid fever.

Removal. Proceedihgs and Investigations 607

8. Dr. W. E. Milbank, of Albany. — Prominently
connected with the health work of the State during the
administration of Governors Hill and Flower.
- Among the facts which stand out clearly in the mor-
tality statistics of New York State for the year 1911
(the 1912 figures not being now available), are the
following :

The total number of deaths in 1911 was 145,538, of
these there were due to

Pulmonary tuberculosis .'. :'.;'..' 14,179

Other forms of tuberculosis ....'..■'..! 2,339

Typhoid fever :...... 1,310

Measles 977

Whooping' eoug'h 816

Diphtheria 1,921

Scarlet fever 1,147

Syphilis 629

Diarrhoea and enteritis (under two years of age) 7,299

All the above are recognized as being partially, if
not largely, preventable. If preventable, why not
prevent?

Some of the things which such a commission might
inquire into would be :

1. The Public Health Law of the State, having in
mind chiefly:

(a) What obsolete provisions, if any, stand in the
way of effective work by State and local authorities 1

(b) What additional provisions are required by the
development of sanitary science in order to enable
State and local authorities to accomplish the largest
possible results in the prevention of sickness and the
saving of life 1

2. What are the opportunities for the prevention of
sickness and mortality which are now availed of only

608' Public Papers or- Goveenok Sulzek

in part, and what additional facilities and force would
State and local authorities need in order to improve
these opportunities to the fullest extent?

3. Specifically, what further steps should be taken
in addition to those already taken by the State and
by local authorities in the following matters :

(a) The provision of hospitals for incipient and
also for advanced cases of tuberculosis.

(b) The discovery, registration, supervision, and
assistance of tuberculous patients who remain at home.

(c) The reduction of typhoid fever to a point at
least as low as that which already exists in some other
communities as large as this.

(d) The substantial reduction of the mortality from
diphtheria, scarlet fever, measles, and whooping cough.

(e) The further substantial reduction of infant
mortality.

It is expected that the committee will call upon
experts in all lines of public health work for their
opinions on these matters ; will inform itself as to the
existing facilities and resources of the State Health
Department; will study the relations between State
and local health authorities as they are, and as they
ought to be; the relations between health authorities
and the medical profession ; the extent to Avhich needed
hospital provision has actually been made by local
authorities for the isolation of contagious diseases
which cannot otherwise be adequately segregated; the
best means of making the latest advances in sanitary
science and preventive medicine widely known among
the people generally, and, on the basis of the facts
ascertained will submit to the Governor a constructive
program for putting the public health work of the
State on a more efficient and adequate basis.

EeMOVAL PeOCEEDINGS and IlifyESTIGATION-S 609

Report .op Special Public JHJealth GoMfttiSBioN

Albany, N. Y., February 15, 1913

To Hon. William Stjlzek, Governor of the State of
New YbrJc:
The undersigned were appointed by you on January
10, 1913, as a special commission to receive suggestions
and make recommendations as to public health, laws
and public health administration in this State with the
request tiiat they report, in part at least, by February
15, if possible.

I. SOTJEGES OF INFOEMATION

The Commission has held ten public hearings in
Albany, New York and Buffalo, at which it received
suggestions and information from sixty persons. A
copy of the statements taken at these hearings com-
prise 836 typewritten pages. Among those who ap-
peared at the hearings were the Commissioner and
leading officials of the, State Health Department, health
officers of towns, villages and cities, representatives of
organizations engaged in public health and kindred
activities and a number of experts in sanitary, science
and vital statistics. Memoranda have been prepared
at our request by a number of authorities and organi-
zations engaged in public health work. We have com-
municated by mail with 1,033 health officers of 1,435
towns and villages in this State, asking for certain in-
formation and inviting suggestions, and have received
replies from 652 health officers representing 771 com-
munities. We have requested information and sug-
gestions from the health officers of the forty-eight
municipalities in the State and have received replies
from twenty-eight. We have had at hand public health
Bulletin No. 54j issued by the United States Public
20

610 Public Papers op Gtoveknor Sulzbk

Health Service, containing an analysis of the laws and
regulations on the organization, powers and duties of
health authorities throughout the United States, issued
in August, 1912, and through the courtesy of the
United States Public Health Service have been aided
in person by the Assistant Surgeon-G-eneral, who pre-
pared the bulletin. We have had the constant co-
operation of the Legislative Committee of the Sani-
tary Officers' Association of the State. We have
caused inquiries to be made as to the detailed workings
of local health authorities in each of the towns and vil-
lages .in Dutchess and Suffolk counties. On the basis
of the information so gained and of our study of the
existing public health laws, we have formulated recom-
mendations, the most important of which may be sum-
marized as follows :

II. SUMMARY OF RECOMMENDATIONS

1. The term of office of the State Commissioner of
Health should be six years, his salary $10,000 per
annum ; he should be either a physician or a recognized
authority in public health work, and should not be per-
mitted to practice medicine or have any other occupa-
tion which might interfere with his official duties.

2. There should be created a State Public Health
Council of seven members, including the State Com-
missioner of Health, the Commissioner of Labor, the
Commissioner of Education, one commissioner or
other officer of a health department of a city of the
first or second class to be designated by the Governor,
and three members to be appointed by the Governor.
This council should have power to adopt public health
regulations, but should not have executive", administra-
tive or appointive powers.

Removal Peoceedings and Investigations 611

3. The Commissioner of Health should be charged
with the duty of supervising the work of all local
health authorities, except in the city of New York, and
should be charged with the enforcement of the public
health law.

4. The State outside of New York city should be
divided into at least twenty sanitary districts for each
of which the State Commissioner of Health should
appoint a sanitary supervisor who should not be per-
mitted to practice medicine or to have any other oc-
cupation which might interfere with his official duties.

5. The duties of town and village boards of health,
in so far as they are not otherwise provided for, in-
cluding the appointment of health ofificers, should be
transferred to town boards and village boards of trus-
tees, respectively. The State Public Health Council
should be authorized to establish qualifications of
eligibility and conditions for appointment to the
position of health officer for all subsequent appoint-
ments.

6. Health officers of towns and villages (at least
those hereafter appointed) should receive an annual
minimum salary equivalent to at least fifteen cents per
inhabitant of their village or town.

7. Health officers of towns land villages should be
specifically charged with the performance of the fol-
lowing duties: (a) An annual survey and a continu-
ous sanitary supervision of the territory within their
jurisdiction, (b) Examination of all school children
as soon as practicable after the opening of each school
year, (c) Inspection of school buildings and all places
of public assemblage and report on their condition and
needs to those responsible for their maintenance, (d)
Popular education as to public health, (e) Securing

612 Public Papees of .G-oveknor Sulzeb

full reports of commiinicalDle diseases and full regis-
tration of births and deaths, (f ) Enforcing the public
health law and the; regulations of the Public Health
Council in the territory within their jurisdiction.

8. The model statutes for the collection of vital
statistics and the registration of births, , recommended
by the United States Census Bureau and many other
authorities, modified slightly to meet New York con-
ditions, should be substituted for the present statutes
on these subjects.

9. Bach city, county, village and town should be
given specific authority to employ one or more trained
nurses to act as infant welfare nurses, school nurses,
tuberculosis nurses, and generally, at the request of
physicians or health officers, to visit the sick who other-
wise are unable to secure adequate care, and to instruct
other members of the households in the care of the
sick, and in -the prevention, of infection and disease.
The State Public Health Council should establish
qualifications of eligibility and conditions for appoint-
ment of such public health nurses.

10. The statute should require certain divisions in
the State Health Department and define the qualifica-
tions of the heads of such divisions.. Some of these
divisions now exist; others should be established in-
cluding a division of child hygiene and a division of
public health nursing.

11. The tuberculosis law should be amended as
follows :

(a) Authorize nurses, teachers, landlords, and
laymen generally to report to health oflficers for in-
quiry and examination any persons under their
observation who appear to be- suffering from
tuberculosis.

Removal Peoceedings and Investigations 613

(b) Authorize local autliorities tO' employ
trained nurses for the sanitary supervision of
households in which there- are reported cases • of
tuberculosis, and for the discovery of unreported
cases.

(c) Require local health authorities to- initiate
proceedings against' physicians who. fail to report
cases.

(d) Make the original report of a case by a
physician as simple and easy as. possible. ■,

(e) Provide for the compulsory removal and
detention qf careless tuberculosis patients, and
any others whose condition renders them danger-
ous.

12. Additional provision should be made by the
State for strictly incipient cases of pulmonary tuber-
culosis.

13. Each county with a population exceeding 25,000,
not otherwise adequately provided with local tuber-
culosis hospitals, should proceed at once and with all
diligence to establish and maintain a county tuber-
culosis hospital.

14. The State Health Department should be pro-
vided with new laboratories, with sufficient land, and
equipped with adequate facilities for making examina-
tions and analyses for local health officers and for
oiriginal research. It should also be authorized to
enter into contracts with laboratories in several por-
tions of the State, conditional upon the maintenance of
standards of efficiency outlined by the Public Health
Council, for prompt examinations, analyses and re-
ports of specimens sent by local health officers.

15. Local authorities should be strongly and re-
peatedly urged to provide contagious disease hospitals

614 Public Papers of Governor Sulzer

(in addition to tuberculosis hospitals) mth not less
than one bed for every 2,000 of the entire population.
The State Department of Health should be charged
with the duty of periodically inspecting such hospitals
and of reporting their conditions and needs to the au-
thorities responsible for their maintenance, and the
Public Health Council should make regulations as to
their administration.

16. The proposed Public Health Council should have
power to regulate the practice of midwifery.

17. The written reports of public health officers,
nurses, and inspectors on questions of fact under the
public health laws of the State or under any State or
local health regulations, should be made presumptive
evidence of the facts so stated, and receivable as such
in all courts and places. The persons making such
reports should be exempted from personal liability for
the facts so stated, provided they have acted in good
faith.

18. The educational work of the State Department
of Health should be greatly extended and strength-
ened, particularly in the line of authoritative popular
education as to the nature and methods of control and
prevention of prevalent diseases.

19. By establishing standards of qualifications of
public health' officers and nurses, and in other ways,
the State Public Health Council should encourage the
educational bodies of the State to maintain special
courses of study and training in sanitary science and
public health work for physicians, nurses, engineers
and others proposing to engage in public health work,
in any of its branches.

20. At the earliest possible moment the records of
the State Department of Health, including the records

Removal Pboceedings and Investigations 615

of births and deaths, should be placed in a fire-proof
building and the Department should be provided with
offices large enough to relieve the present congestion
and to protect the health of its employees.

III. EXISTING PUBLIC HEALTH AGENCIES AND LAWS

Every square foot of territory in the Empire State
(except Indian Eeservations and Federal property),
is under the jurisdiction of a board of health or a
health officer or both. There are generally throughout
the State, town, village and municipal boards of health
and health officers, statutory provision therefor, dating
from 1850. There is also a State Department of
Health, dating from 1880, from the jurisdiction of
which in large degree the cities of New York, Buffalo,
Albany and Yonkers are excepted. Each town and
village board of health is authorized by law to enact
orders and regulations for the preservation of life and
health and for the suppression of nuisances and may
enforce such regulations, and has supervision of the
reporting and recording of births and deaths. Each
board appoints a local health officer, prescribes his
duties and powers, directs him in his work, and fixes
his compensation.

Public health work in each city of the third class is
outlined usually in part in the charter of such cit.v and
is also provided for by the public health law. Usually
there are a board of health and a health officer. In
some cases sanitary regulations may be enacted by the
board of health. In others confirmation by the common
council or other municipal authority is necessary.

In cities of the second class the health officer is ap-
pointed by the commissioner of public safety without
further approval.

616 Public Papers of Govbenos ; Stjlzeb

Each city of the 'first class is under such health ad-
ministration as its charter provides. In Rochester
the health officer is appointed by the commissioner of
public safety, and sanitary, regulations may be adopted
by the common council. In Buffalo the health officer is
appointed by the uaayor and sanitary ordinances must
be framed by the health officer, approved by the b0.ard
of health, consisting of the mayor, health officer and
commissioner of public works and then ratified by the
common council. In New York city the health com-
missioner is appointed by the mayor and health ordi-
nances may be enacted by the board of health consist-
ing of ibe health commissioner, police commissioner,
and health officer of the port.

The duties of the ;State Health Commissioner in re-
lation to local health authorities are nowhere very
clearly defined by statute. It is not specifically made
his duty to inform himself as to the elficiency with
which their work is carried on. The State Health
.Commissioner, if a municipal ailthority fails to estab-
lish a local board of health, may exercise the pow-ers
of such local board ; but if the local board of health be
appointed and fails to appoint a health officer for the
locality, he is not specifically authorized so to do.
The State Health Commissioner may remove a local
health officer for cause after a hearing, but. he. has no
means of knowing comprehensively whether the duties
of local health authorities are being competently per-
formed. The State Health Department publishes a
monthly bulletin which is sent to all health officers,
holds an annual conference of sanitary officers, .to
which health officers are invited, pubhshes a manual of
laws and suggestions, and circulars on communicable
diseases, which it sends to health officers for distribu-

Removal Proceedings and Investigations 617

tion, and generally receives and may investigate com-
plaints as to local health administration.

The State Health Department has also a staff of
medical officers, some forty in number, in various
localities throughout the State, who receive a per diem
compensation and devote a small portion of their time
on the direction of the State Commissioner to con-
ferring with local health officers in behalf of the State
Department and otherwise acting as its representative.

The State Health Department is the custodian of
death certificates, except from the cities, of New York,
Buffalo, Albany and Yonkers, from which cities it re-
ceives a tabulated statement of the number and causes
of death. It maintains a laboratory at Albany. It
has taken an active part in the tuberculosis movement
and has a public health exhibit aside from its seven
tuberculosis exhibits. It has other activities, duties
and powers relating to, various subjects, description of
which would exceed the limitations of this report. It
has not been our purpose, nor would it have been pos-
sible within the hmits of our time, to make a critical
study of the manner in which the work of the various
divisions is being conducted.

IV. OPEEATION 0¥ EXISTING AGENCIES

Our findings as to the operation of existing agencies
generally are as follows :

Town 'Cmd Village Boards of Health
Town and village boards of health fail to accomplish
the purpose for which they were established, with un-
important exceptions, and, in some cases, are an ob-
stacle to efficient local health administration. Although
given authority to establish a code of sanitary regula-
tions and although the State publishes and distributes

618 Public Papers of Gtovernoe Sulzer

to each health officer a draft of a model or standard set
of sanitary regulations, in nearly one-half of the towns
and villages in the State, the boards of health have
failed to establish a sanitary code.

In a number of cases members of boards of health
do not know whether or not such regulations have been
established. In many instances the standard code rec-
ommended by the State Health Department is amended
or ignored altogether. In a number of adjacent towns
in which conditions are similar, one town may have no
code at all, and the codes in effect in the other towns
are widely different.

The following incident is no doubt exceptional, but
reflects an attitude which is more or less widespread.

A health officer of a town in the county of Sche-
nectady, learning of an outbreak of smallpox, under-
took energetic measures including the treatment of the
patient and the enforcement of quarantine. Meeting
a representative of the board of health, he was asked
how much he expected^ to charge for his services.
' ' Five dollars, ' ' he replied. The representative of the
health board informed him that he would be allowed
two dollars. The health officer promptly resigned and
the town was left without the services of a health
officer and facing an outbreak of smallpox.

The minutes of a number of town and village boards
of health which have been examined fail to disclose
any evidence, in many cases, of any work whatsoever,
except listening to the reports of a health officer and
approving bills for payment, including, in many in-
stances, their own salaries. The members of town
boards of health generally receive a fee for attending
each meeting of the board of health, frequently two
dollars per meeting.

Removal Proceedings and Investigations 619

The following is a copy of the minutes of a meeting
of a town board of health:

,N. Y.

Minutes of the meeting of the Town Board of Health

of held in the Town Clerk's office

October 4, 1912. There being present: Supervisor,

; Justices, ; Citizen

Member, ; Health Officer,

Minutes of previous meeting read and approved.
There being no further business meeting adjourned.

Register.

The members of this board receive two dollars each
for each meeting, as does also the clerk.

The following constitutes the minutes of a meeting
of an adjacent village :

, August 27, 1912.

The regular meeting was held on above date. Absent

from meeting The following bills

were ordered paid to for filing 11

Birth Certificates, $2.75. To for

Labors Certificate Book, $3. There being no further
business the Board adjourned.

Clerk.

An examination of the minutes of this board for the
entire year discloses no business relating to public
health other than directing that one man's pigeons be
restrained from roosting on another man's hoiise, and
auditing bills for the burial of dead cats and dogs. In
the same village, two years before, an outbreak of
smallpox had resulted in an actual expenditure by. the

620 Public Papers of Goveenoe' Sulzee

village authorities for quarantine and similar pur-
poses of $1,400, and the indirect cost to the people of
the town involved in the stoppage of business, etc.,
must have been several times that sum. , ,

The members of , some village boards of health also
receive payment for similar perfunctory and some-
times iriliibitory services. The members of town and
village boards recgiyed, in l^e year 1912, $1,592.80, 4ji
Dutchess county, and about $1,2'0"0 in Suffolk county.
There seems to.be no reason for believing conditions
to "be exceptional in these counties, if they are typical
the taxpayers of the towns and villages of the State
are paying out from $70,000 to $100,000 per annum as
fees or.sal^rieSftp oaietmbers oi hpasl^,bjQards for which
expenditure substantially, no returns. in publip.^en^efit
is received. , i,., ,, . , ,, , i ..J'l'

Town and Village H-ealtk Officers ' ' ''■''
There is the widest diversity as to. the compensation
of i,ifQwn,!a,n,d village health/ officers, except that in
-nearly every cage it is inadequate, and in; many cases
ridiculous. In some cases there is, a salary, , in other
cases fees, in some cases both, and iji, a' few eases no
compensation at all. 'i The -average annual compensa-
tion including fees and salaries of health: officers rOf
the 771 towns and villages represented by the 652
heajth officers replying to our letter of inquiry (652 of
a total of 1,032) was $60.84. The amounts received
Tange from*$3 to $1,400. Their avera^i annual com-
pensation (some ! serving more than one town or ;vil-
lage:) is i$71.96. .

Health offioeas of towns and villages are as a rule in
ihe astiilve' practice of medicine. Ah efficient perform-
Tanee of ^theirrd-utiBS interferes with private practice in
many ways. Br. B. P. Bushj chairman of the ways

Rbmovak Peooeediis-gs and Investigations 621

and means committee of the Assembly and formerly
heflth officer of the town of Horseheads, Chemung
county, N. Y., testified that at the expiration of three
" yea)3:s as' a local healtli officer lie iTiad'lost all his prac-
tice, "'^here does not exist throughout thetState a^body
of mei. availahle for position^ as health officers who
' ' "have had special training in sanitary si^ieflce. Con-
sidering all the di^culties and handicaps. under which
: . they work the' wonder is, perhaps, that tovfh and' vil-
lage health officers are ^s effective as they are.

The ; f oUpwirig chart compiled f rpm;. the "Jjeports of

the United States Federal^ Census aaidsfor 1910, 1911,

,' and 1912 froirii the annual repots . of the New York.

i Stati Departmt^itt of Health, ^o^s the niorltality rate

: ■ — per^liundred thouaarul in JJie_ cities of the Stated' in=-

J J eluding villE^es of "bv^r 8,000 inhabitants,, and also%e:

I r i oorrespondiiSg rate in rural districts and villages of

less -than -8,000 inhabitants. '"-7 i -,

Itw^ill b6' not^d that the urba|i|death rajte, beginning

at 1,771 in 1902, falls to l,46^inj 1912. H'he rural; and

I I ' — rifla:^ ■ -die-ath rate, -begiTrain-gf"at ~l;404-in 1^02, has

i ; slowly] risen, beginning |to exceed the urban death rate

in 19C^and since that date the divergence betwj^efi,

the two in favaFof theiufbaii death^ rate has^ steadily

'■ . increased. ; [ ^>»

i Thelu^ork of ■ this commission fmay be said to be to

I ascertain how the rural and villkge deji^h rate can- be

made to follotv the urban death rate in its downward

' ,,_J^irse[, , "' '""___[_ „,]_

/ Professor Wialter F. Willcox, aonsulting statistician,
c'''advises us thdt the comparison of the itwo may be
- somewhat-m-is-leading by reasM-df thecompletex-regis-
%■ tratiofi of rural deaths: in later ,^ears anj| of the pre-
ponderance of population of the middle ages in cities,
owing to immigration. He is- of the opinion, however.

622

Public Papees of Goveenob Stjlzbe

q

(J>

UJ 9>

< -5 00
5 <

O < 2

uJ "~ o

1
i i

< «

n E

1 s ^

0

e

/

DEATHS nan all causes

RATE PER 100:000 POPULATION
RURAL AND VILLAGE COnnuNITIES y>*

>

BC :

3t '

X

■I-

c
c

\

i/

in /

«/

— 1

= !

I

1

m/

N

\
\
S

v2

1'

/

'^

IS

S

^"\

01
CO

N lO

■0 /
i^ /
— /

V

o
o

o

o
9

o

o

o

o

o
o
10

o

o

Removal Proceedings and Investigations 623

that such considerations do not affect the indication
that the urban death rate is falling substantially more
rapidly than the rural and village death rate.

With the development of sanitary science, the mutual
interdependence of rural communities and cities in
matters of health is becoming increasingly evident.
The urban death rate from typhoid fever, for instance,
cannot be reduced as it should be without more effect-
ive registration, supervision and prevention of typhoid
fever in rural districts. Certain other diseases cannot
be held in check adequately in rural districts unless
they are restrained to a larger degree than they are
at present, in the nearby cities.

In short, the time has passed, if it ever did exist, for
treating each town, village and municipality as though
it were a community separate from all others in its
health concerns. In the enactment of sanitary regu-
lations, in controlling outbreaks of contagious disease,
in the reduction of communicable diseases, such as
tuberculosis, that exist everywhere and at all times,
and in fact, in substantially all aspects, public health
is not and cannot be a matter of exclusively local
concern.

The falling death rate in some of the cities, notably
New York, where conditions are less favorable to
health on account of congestion than in any other city
in the State, is undoubtedly to be explained in part by
the following factors :

1. Adequate authority for the ready enactment and
enforcement of sanitary regulations.

2. Substantial appropriations from the municipal
treasury for public health work.

3. Concentration of executive responsibility for

624 Public Papbes of Gtoveknob SuiiZER

health administration relating to a large group of pop-
ulation in the hands of one official.

4. Ability to secure the substantially continuous
services of expert sanitary authorities.

5. The provision of hospitals for the isolation of a
portion of the cases of contagious disease.

The reduction of the death rate in rural communities
and villages with an accompanying reduction in the
amonnt and cost of sickness and the consequent in-
crease in the vigor and efficiency of the people and in
their economic and social well-being, depend upon the
development in those localities, also, of the five factors
above enumerated.

Quarantine, Disinfection

There appears to be no general regulation in rela-
tion to isolation or quarantine of persons suffering
from contagious disease or those associating with
them, nor as to disinfection, cleansing or renovation
of premises on which there has been contagion. The
State Health Department issues circulars of instruc-
tion in regard to each of the communicable diseases,
which circulars are printed in the manual issued by
the department and also are printed separately. It
includes also in its draft of a model or standard sani-
tary code, detailed provisions as to quarantine, which,
with or without change, are enacted by a considerable
number of boards of health. An examination of these
recommendationsi and of a number of town and village
health officers as to their practice in these matters,
leaves us with the following impression :

1. Insufficient stress is laid upon the immediate and
effective isolation of the patient himself at the earliest
appearance of the symptoms of a contagious disease.

Eemoval, Peoceedikgs and Investigations 625

2. Insufficient empliasis is laid upon thorough wash-
ing and cleansing of the floors and of the lower por-
tions of the side walls of rooms in which contagious
diseases have been cared for, and of. the" destruction
or very effective disinfection of articles of bedding,
etc., which have come in contact with the patient.

3. The recommendations contained in the draft of
a standard sanitary code relative to some diseases call
for a much greater degree of quarantine of the entire
household, including those not necessarily coming in
contact with the patient, than is now practised by
health officers in many cities or than is considered
necessary by the best sanitary authorities,

4. Undue emphasis is placed upon room disinfection
which by any methods li'kely to be observed is compara-
tively ineffective.

The subject is one for flexible regulations from time
to time in the light of the development of sanitary
science. Under the authority proposed to be con-
ferred upon the advisory board of the State Health
Department, such a board could deal effectively with it.
A number of health officers with whom we have con-
ferred have shown a commendable energy and courage
in enforcing the system of quarantine outlined in the
standard code issued by the State Health Department.
Nevertheless, whUe we desire to be extremely con-
servative in suggesting any relaxation of what may be
considered by many to be necessary precautions, we
are forced to the conclusion that there is much waste
in present practice which could be avoided by the adop-
tion of more modern methods. This waste, both direct
and indirect, amounts to hundreds of thousands of dol-
lars annually. In some cases present methods of
quarantine include keeping all the family at home when

626 Public Papers of Gtoveenoe Stjlzee

some member of it is suffering from certain forms of
contagious disease.

Such methods have been abandoned in many cities
without evil results. In fact, the change, in many
cases, has resulted in a more effective control of con-
tagion by the more modern methods adopted.

Labor Gamps
Eepresentatives of the Bureau of Industries and Im-
migration of the State Department of Labor have set
forth the unsatisfactory conditions existing in connec-
tion with labor camps generally throughout the State,
those on the Catskill aqueduct system being the nota-
ble exception. They have pointed out the impossibility
of securing effective action for their improvement
through local health authorities. It is evident that a
local health officer, inadequately equipped to deal evfen
with the problems ordinarily arising in a community
is still less adequately equipped to deal with an excep-
tional amount of labor temporarily in its jurisdiction.
The Public Health Council of the State Health Depart-
ment, which we propose, would be able to establish
adequate sanitary regulations dealing with labor
camps, and the district sanitary supervisors should be
charged specifically with their enforcement within
their respective districts.

V. DEFINITE OPPORTUNITIES

1. -Tuberculosis

The largest cause of preventable deaths and, in fact,
the largest cause of deaths of all sorts is tuberculosis.
The number of deaths from pulmonary tuberculosis in

Removal Peoceedings and Investigations 627

'New York city and in the remaining portions of the
State for each of the last six years is given in the fol-
lowing table :

Deaths from Tuberculosis*

^ Greater

xear New York

1»07 8,986

1908 8,876

1909 8,669

1910 8,881

1911 , 8,967

1912 8,588

Outside
Greater
: New York

Total
Deaths

5,555

14,541

5,597

14,473

5,448

14,217

5,607

14,488

5,556

14,523

5,114

13,702

Effective measures for the reduction of tuberculosis
were started in New York city much earlier than in the
remaining portions of the State, including the report-
ing of cases by physicians, the establishment of dis-
pensaries, the visitation of tuberculosis patients by
trained nurses, and the provision of hospitals. For
the remaining portions of the State, the registration
and sanitary supervision statute known as the Tuber-
culosis Law, was enacted in 1908, and a permissive act
authorizing the establishment of county tuberculosis
hospitals in 1909. Substantial progress has been made
under both these acts, but much still remains to be
done. The number of hospital beds now available for
tuberculous patients from New York city, and the num-
ber available for the remaining portions of the State
are as follows :

For New York city, 3,926 beds, or one to each 2.18
deaths of 1912.

* Figures from United States Census, except in 1912, which are
from State Department of Health records.

628 Public Papees op Govkknor Sxjlzeb

For the remaining portions of the State, 1,268 beds,
or one to each 4.04 deaths of 1912.

No further statutory authority is required for' the
establishment of tuberculosis hospitals by municipali-
ties, counties or hospital corporations. The restric-
tions at present thrown about the selection of sites for
such institutions have in several cases greatly delayed
actual construction. Any. further restrictions on the
erection of tuberculosis hospitals would be highly un-
desirable, and we 'believe that within a few years pilb-
lic sentiment will sanction and demand the removal of
some of the existing' restrictions.

We strongly urge that every county, except those in
which adequate provision m ma,de by a hospital coitpo-
raJtion and except those having fewer Lthan, jSay; 25j0O0
inhabitants, proceed at the earliest possible moment jfep
construct a tuberculosis .hospital, ad^uate to its needs.
The sentiment of the people on the question of tuber-
culosis hospitals has recently begai l strikingly (evd,d^:pjCfd
by the referendum vote in ei^ht town^, in St. Lawrence
county, on jTujesday, February 11, 1913. , ^very , one
'of th;e*ight toA^ns ,y.oted for the hospital, mqsli of them
by ovei'whelinwg majorities. .,Jp, the rfive towns, in
which figures.; available, 3,868 people .yqted for such a
hospital, .ai^d9^7i against it. .

The ,St^te I),epartm^n1; of Health ar\d the St^ite Cha'^-
ities Aid .jissociatiqn are , urging ^ mat 'hospital pro-
visjion for tuberculosis in 'any county should not 1)e
less than two-third^ of the' number' of deaths "from
tuherculosis each year in that county. This' i-atio Was
suggested, we are informed, as a'mintoum, and '#ith
the full expectation that as the public-' became imore
ea/?Gu,^tomed, to hjQi^pital care and, more fully realized
its benefits as a means of^protection to the community.

Removal Pbocebdings and Investigations 629

the ratio of hospital beds would need to be increased.
It is Qur, judgment that the time has now come when in
;each CQunty the, number. of beds should equal the num-
ber, of deaths per a,nnum.

..The State maintains one sanatorium for the treat-
ment of strictly incipient cases. This has been doubled
ijQ size recently, ,]^^t its capacity is already overtaxed.
While .som,e of ,tiie. larger cities and some- of the coun-
ties are makjng provision for incipient as .well as, for
a4v^nce4, cases, , there are many localities in which it
will not be pi:9,Gticable to, provide in the: near future,
.i;f , at all, adequate facility for. the. best treatment of
such incipient ,qase,s as ;\yill !neie,d , sanatp?:^um, eare. , . • ;

We, would, therefore, urge that the board of m^n-
^gers pf the State H^ppjtal for Incipient Pulmonary
Tuberculosis ,ftt, Ray Brook, be autjhprized , at .qncg
either to enWge their institution or to establish at
aome.ptjhejr point in.cf^tral Ne,W:York a second State
iLOspital for the treatment of strictly incipient cases.

.It iias also been suggested' that as all portions of the
State benefit from the reduction, of tuberculosis in any
portion of the State, it would be equitable that, the
' (State ,, should appropriate: .a, sum of' money annii^Ily,
to 'be divided among local hospitals ,f or tuberculosis,
in jproportioii to the niimber of days' treatment pro-
vided. Such action would undoubtedly tend to encour-
age' the establishment of tuberculosis hos|Jitals by
counties which have not yet determined to do so. Such
an ' ' appropriation should be made conditional on
each hospital maintaining standards of adequacy and
efficiisintjy to be determined by the advisory board of
the -State Hospital Department.

'The demonstration of the Tuberculosis LaAv has
brought to light several' possibilities of improvement.

630 Public Papees of Governor Sulzek

2. Infant Mortality

Next largest in the groups of deaths which are to a
large extent preventable by known and practical
methods, is infant mortality. The number of deaths
from diarrhoea and enteritis among those under two
years of age in 1912 was 7,024.

Measures are being taken in a number of cities for
reducing infant mortality. The first step in a compre-
hensive plan for the State as a whole, is an adequate
birth registration law efficiently and uniformly en-
forced throughout the State. The enactment of such
a law and the initial -steps in its enforcement rest upon
the State. With knowledge of the number of infants
bom and the localities and the causes of death, each
village and city of considerable size should, when
necessary, secure through its health department (a)
the instruction of mothers during the pre-natal period,
(b) competent attendance at childbirth, (c) the encour-
agement of breast-feeding, (d) medical supervision of
the child at stated intervals, whether breast or bottle
fed, and (e) pure, clean milk for infants for whom
maternal nursing is impossible.

Each city with a population in excess of 10,000 and
having an industrial population should have one infant
welfare station and larger cities with an industrial
population should have one such station for approxi-
mately each 20,000 inhabitants.

There is no doubt that through effective action by
the State in securing birth registration and in encour-
aging localities to undertake and effectively to prose-
cute such infant welfare work, the number of deaths
of children under two years could be enormously re-
duced in the immediate future.

Removax, Peooeedings and Investigations 631

3. Typhoid Fever
The number of deaths from typhoid fever in. New
York city, and the State outside of New York city for
the past six years, is as follows :

Deaths from Typhoid Fever*

Greater
Year New york

1907 740

1908 535 ,

1909 560

1910 556

1911 538

1912 499

State
Outside
Greater
: New York

Total

962

1,702

868

1,403

770

1,330

841

1,397

782

1,320

629

1,128

This number, while less than one-tenth of the num-
ber of deaths from pulmonary tuberculosis, for the
same period, is nevertheless approximately 1 per cent,
of all deaths and is largely in excess of the number
of deaths from this disease in certain other communi-
ties. The reduction of typhoid fever implies two lines
of advances; first, the more effective protection, by
general measures of oversight, of water and milk, from
pollution; and, second, the more prompt diagnosis and
the more effective supervision of each case of typhoid.

Enormous numbers of dairies supply milk to the cities
and villages of this State. A case of typhoid fever in
the household of a dairy farmer is a menace to all the
consumers served wholly or in part by that dairy. The
importance of the recognition, reporting, and super-
vision of rural typhoid can hardly be overestimated.
Cities of the State will not be able to reduce their
typhoid mortality to a minimum until a much more

•Figures from United States Census, except in 1912, which are
from State Department of Health records.

632 Public Papers of Gtoveenor Sulzee

effective sanitary supervision is secured in the towns.
We believe that such supervision will be secured by the
reorganization of rural health service which we recom-
mend, coupled with the system of district sanitary
supervision.

4. Venereal Diseases

Syphilis and gonorrhoea, while appearing in a
smaller degree as direct causes of mortality, are among
the most formidable factors in causing sickness, in-
efiSiciency,, sterility, blindness, insanity and other disa-
bilities. A beginning has been made in the registra-
tion of cases of these diseases in New York city under
a recent amendment of the sanitary code, whereby hos-
pitals and dispensaries are required and physicians
are requested to report such cases, but without names
or means of identification.

Undoubtedly a broad'; educational movement must
precede effective administrative measures. Through
its division of publicity and education the State De-
partment of Health working through its district super-
visors and with, the aid of local health officers should
be able to make known, to the people of the State as
a whole the facts in regard to these diseases. Through
the Public Health; Council which we recommend it
would be possible to establish from time to time such
measures of administrative control as public sentiment
will support. Through its own and its co-operating
laboratories, it could offer prompt and authoritative
diagnosis.

5. Diphtheria and Group
The number of deaths from diphtheria and croup in
tliisr State during the past six years has been as
follows :

Removal^ Peoobedings and Investigations 633

Deaths from Diphtheria and Croup*

„ Greater

Year New York

1907.. 1,700

1908 1,711

1909 1,704

1910 ; 1,710

1911 ; 1,270

1912 ... 1,126

State
Outside
Greater
; New York

Total

855

2,555

707

2,418

607

2,311

725

2,435

690

1,960

407

1,623

A substantial proportion of these deaths is prevent-
able by:

(a) Informing 'pieople generally through the press
and all other mediums of popular education, of the
importance of quickly summoning medical advice in
every case of sore throat.

(b) Increasing the standards of proficiency in the
medical profession in the diagnosis of this and similar
diseases.

(c) Making more readily available to physicians and
health officers reliable laboratory assistance with
prompt returns of analyses. Toward each of these
three factors the State Department of Health can con-
tribute largely. Efficient and prompt laboratory serv-
ice can be made available at an early date. Popular
-education can be effected much'more speedily than was
formerly thought possible. The most difficult of the
three improvements necessary is raising the standard
of proficiency in medical diagnosis.

6. Measles and Whooping Cough
These two diseases cause directly a considerable
number of deaths and cause indirectly a very large
number.

* Figures from United States Census, except in 1912, which are
from State Department of Health records.

Greater
New York

State
, Outside
' Greater
New York

Total

663

310

973

878

283

1,161

94D

364

1,304

693

577

1,270

655

334

989

673

377

1,050

634 Ptjblic Papers of Gtoveknob Sxjlzee

The number of deaths directly due to measles in
New York city and in the State outside of the city for
the last six years are shown in the following table :

Deaths from Measles*

Year
1907 .
190S .

1909 .

1910 .

1911 .

1912 .

The deaths from whooping cough in New York city
and in the State outside of the city are shown in the
following table:

Deaths from Whooping Cough*

' Year

1907 .

1908 .

1909 .

1910 .

1911 .

1912 .

While much remains to be learned concerning these
diseases, it cannot be doubted that a more general
recognition of their potential seriousness and, there-
fore, of the importance of preventing avoidable infec-
tion, a more general knowledge of their early symp-
toms, so that medical aid may be more promptly sought

* Figures from United States Census, except in 1912, which are
from State Department of Health records.

Greater
New York

State
Outside

Greater
New York

Total

369

397

766

173

341

514

369

412

781

282

461

743

372

419

791

291

391

682

Eemoval. Peoceedings and Investigations 635

and sanitary oversight established, and the provision
of hospitals for the care of patients who are homeless
or whose home conditions are such as to preclude the
possibility of preventing infection, would contribute
materially toward their reduction.

7. Medical School Inspection

One of the most important factors, not so much in
the prevention of mortality as in the promotion of
physical vigor and efficiency, is the medical inspection
of school children. Without doubt, also, the correction
of defects thus brought to light would result in many
cases in a longer as well as in a more useful life.
Medical inspection of school children now exists, we
are informed, in twenty of the forty-eight municipali-
ties of this State.

The time has arrived, in our judgment, when a man-
datory State-wide medical inspection law should be
enacted. In rural communities it seems necessary that
the health officers be charged with the duty of medical
school inspection, in co-operation with the school au-
thorities. In cities, the trend appears to be toward
direct employment of medical inspectors by school
authorities.

VI. DETAILED STATEMENT OF EECOMMENDATIONS

Our most important recommendations were sum-
marized at the opening of this report. A more detailed
statement follows, with further explanation of the rea-
sons therefor, and some minor recommendations not
calling for extended comment :

1. The term of office of the State Commissioner of
Health should be six years, his salary $10,000 per
annum. He should be either a physician or a reeog-

636 Public Papebs of Gtoveenoe Stjlzeb

nized authority in public health work and he should
not be permitted to practice medicine or have any occu-
pation -which might interfere with his official duties.
That the State Commissioner of Health should devote
substantially all his time to the duties of the office
hardly requires argument. That he should possess
exceptional qualifications, including executive capacity
and experience in public heaith affairs, is also evident.
It will hardly be , possible to secure the full time of a
person with the desired qualifications unless a longer;
tenure and more adequate salary are provided.

2. There should be a Public Health Council of seven
members, including the Commissioner of Health,- the
Commissioner of Labor, the Commissioner of Educa-
tion, one commissioner or other officer of the Health
Department of the city of the first or second class, to
be designated by the Governor, and three members to •
be appointed by the Governor. This council should
have power to adopt sanitary regulations 'for specified
areas, not including New York city. Subsequent ap-
pointments of the three appointive memhers should be
for terms of six years each. This council should have
no executive, administrative or appointive functions.
Its sole functions should be to enact sanitary regula-
tions, to define qualifications of eligibility and condi-
tions of appointment for local health officers hereafter
appointed, for sanitary supervisors and public health
nurses, and to place at the service of the C^ommissioner
its judgment upon any matters which he may bring-
before it or as to which the council may think it wise
to offer suggestions, especially as to educational work.

The; council should meet at stated periods and as
frequently as may be necessary. The members should
be reimbursed for their necessary official expenses,^

Removal, Proceedings and Investigations 637

and, esceptthe State officers serving ex-officio^ should
receive a moderate compensation for their services.

The weakest point; in( the present syBtem of puiblic
health administration is the lodgment of the power to
enact sanitary regulations in each separate town, vil-
lage and city in the State. For the' five million people
in Greater New York one body enacts sanitary regu-
lations. For the four and one-half million people in
the remainder of the State some 1,400 different au-
thorities enact (or fail to enact) sanitary regulations.

In addition to such regulations as the Public Health
Council may establish there should be reserved to the
various town boards, village boards of trustees and
appropriate municipal authorities the power to enact
such additional sanitary regulations not inconsistent
with those of the council as local conditions may
indicate.

3. The State Commissioner of Health should be
charged with the duty of exercising supervision over
the work of all local health authorities, except in the
city of New York; and should be charged with enforce-
ment of the Public Health Law. To a larger degree
than in almost any other division of public administra-
tion, a State Department of Health must provide
leadership and scientific authority and direction.
Local health offitjers look to the State Department for
the latest authoritative word in sanitary science and
preventive medicine. The position of the State De-
partment in relation to local authorities should be one
of dignity and influence and should include sufficient
power to insure a reasonable degree of team work
among the many local units carrying on health work.
We believe that the suggestions above made meet these
requirements.

638 Public Papers op Govbenob Sulzek

4. The State outside of New York city should be
divided into at least twenty sanitary districts for each
of which the State Health Department should appoint
a Sanitary Supervisor who should not be permitted to
practice medicine nor to have any occupation which
might interfere with his official duties and should re-
ceive an annual salary of three thousand dollars.

It is a striking fact that although the work of public
health and the regulation of industry cover closely re-
lated fields and in many instances deal with the same
conditions, the State of New York has in the one ease
followed a completely decentralized method of admin-
istration and in the other a completely centralized
method.

For public health, the smallest governmental units
have complete authority, with no effective State super-
vision. Over factory conditions the State, through its
Department of Labor with its corps of inspectors, ex-
ercises, direct supervision. It is our judgment that in
public health, for the present at least, the existing
system of local health officers should be retained, but
that provision should be made for a very close and
effective co-operation, assistance, and supervision of
local health officers by the State Health Department.

It has been suggested by some that county health
officers should be established either as supplementary
to local health officers or to take their place. The diffi-
culties in the way of securing an effective system of
county health officers at this time seem to us insuper-
able. We believe, however, that local health admin-
istration can be made much more effective through a
system of district supervision.

By abolishing ineffective town and village boards of
health the taxpayers will be saved an actual charge

Removal Phooeedings and Investigations 639

amotmting probably to from $75,000 to $100,000. This
sum expended by the State directly would maintain an
effective system of district sanitary supervision.
These sanitary supervisors should be either physi-
cians or graduates of a thorough course of instruction
in sanitary science covering at least a year, or persons
of recognized authority or experience in public health
work. They should be chosen as the result of a com-
petitive examination open to all having the above
qualifications, and in their appointment and assign-
ment to districts previous residence in the district
should not be required, though subsequent residence
should be expected.

The State Health Commissioner should have full au-
thority over the sanitary supervisors. Each- sanitary
supervisor should be required to keep himself in-
formed as to the work of each local health officer in his
district. He should aid each local health officer in
the efficient performance of his duties, particularly on
the appearance of any contagious disease. He should
assist in outlining and securing an annual sanitary
survey in his district and a continuous sanitary super-
vision by the local health officers. He should have
authority to call together the local health officers of
his district, or of any portion of it, from time to time,
to consider matters of joint interest. He should ad-
just questions of jurisdiction arising between local
health officers of adjacent areas. He should study the
causes of excessive mortality from any disease in any
particular area. He should promote increased effi-
ciency in the registration of births and deaths. He
should enforce the rules of the State Public Health
Council as to the sanitary features of labor camps. He
should promote popular interest and instruction in

640 Public Papers of Gtovbenoe Sulzee

all matters pertaining to public health. He should be
in constant communication with the organizations of
the medical profession within his district. He should
serve as a connecting link between the State Health
Department at Albany with its Public Health Council,
its laboratory , and its other facilities, and the local
health officers whose communication with the State De-
partment at present is more infrequent and relatively
ineffective.

Such a plan of district sanitary supervision is al-
ready in effect with excellent results in several other
States and has been suggested by the Commissioner of
Public Health of this State. A step in this direction
has been taken by the appointment in various localities
of one or more medical officers of the State Health
Department, but the sums available for their re-
muneration have been extremely limited and those ap-
pointed have been able to devote but a small portion
of their time to the work, and that at irregular inter-
vals.

The abolition of town and village boards of health
and the creation of State district sanitary supervisors
will not involve additional expense, and will substitute
trained, expert fuUtime supervision in place of per-
functory, untrained, inexpert supervision, which too
often exists. In our judgment this is by far the most
important and far-reaching of our suggestions.

5. The duties of town and village boards of health,
in so far as they are not otherwise transferred, includ-
ing the appointment of health officers, should be trans-
ferred to town boards and village boards of trustees
respectively. The State Public Health Council should
be authorized to establish from time to time qualifica-
tions of eligibility and conditions of appointment for

Removal Peoceedings and Investigations 6il

the position of health officer for all subsequent appoint-
ments.

The ineffectiveness of town and village boards of
health and of ike theory upon which they were estab-
lished appears from the facts set forth above/ The
town board of health is substantially the town board
with only one additional member. There is no ade-
quate reason for making it a separate entity from the
town board. The village board of health is distinct in
its membership from the village board of trustees, but
in our judgment the trustees of the village would be a
more effective local board so far as the performance
of strictly local duties is concerned.

Under present constitutional provisions it is ap-
parently impossible to provide that the appointment of
local health officers (town, village, county or munic-
ipal) shall be subject to approval by the State authori-
ties. Owing to the highly technical nature of the M'ork
which the health officers perform we could wish that
it were possible to require such approval. It does seem
possible, however, to provide, that the qualifications
required for eligibility and the conditions of appj)int-
ment of health officers shall be defined from time to
time by the State Public Health Council. If schools
of instruction in sanitary science are established on an
effective basis in connection with universities and
medical schools, the time may come in the not distant
future when some special training in sanitary science
may be required on the part of all health officers.

This and any other suitable provisions which ex-
perience may indicate may be adequately dealt with
by the State Public Health Council under the authority
which we suggest should be conferred upon it. The
supervision over local health officers which boards of
21

642 Public Papers op Governor Sulzek

health are supposed to exercise but which in fact they
do not and cannot exercise, can be efficiently exercised
by district State Sanitary Supervisors.

6. Health officers of towns and villages (at least
those hereafter appointed) should receive an annual
minimum salary equivalent to fifteen cents per inhab-
itant of their village or town.

The compensation of health officers has been left
entirely to local authorities. From time to time added
duties have been imposed upon them in connection
with the medical examination of school children, the
enforcement of the Child Labor Law, the examination
of the alleged insane, and other matters. Local fiscal
authorities have been slow to recognize the growing
importance of the health officer and his compensation
has remained in most instances at a ridiculously low
figure. Eeturns from 771 towns and villages show an
average annual salary during the, last year, including
fees, of $60.84. Public health work in this State at
this time may truly be styled a sweated industry. We
suggest that a compensation of not less than fifteen
cents per inhabitant per district be required, with au-
thority vested in town and village boards to fix a larger
annual salary or to allow additional compensation in
cases of epidemics or other emergencies.

7. The health officer until recently has been thought
of as dealing chiefly with contagious diseases. Our
examination of local health officers suggests that they
themselves have considered this as their most im-
portant, if not practically their only work. As a mat-
ter of fact it is among the least important phases of
modern public health work. In order that they may
be more fully informed as to conditions affecting
health in all parts of their jurisdiction we suggest that
each health officer be required:

Removal Pkoceedings and Investigations 643

(a) To make aji annual sanitai'>' survey and luaiu-
tain a continuous sanitary supervision over his dis-
trict, under such regulations as the State PubUc
Health Council may determine.

(b) To make a medical examination of all school
children as soon as practicable after the opening of
each school year.

(c) To inspect periodically all school buildings and
places of public assemblage as to their sanitary con-
dition and to report their findings to those responsible.

(d) Popular education as to public health.

(e) Securing full reports of communicable diseases
and full registration of births and deaths.

(f) Enforcing the Public Health Law and the regu-
lation of the Public Health Council within their juris-
diction.

8. The collection of mortality statistics in this State
is believed to be upon a reasonably efficient basis. The
collection of statistics of birth is in some districts
lamentably incomplete, although for many years the
law has provided for birth registration. The report-
ing of cases of contagious diseases varies widely in
different portions of tjhe State. The State Health De-
partment has not been able to provide continuously for
expert statistical assistance for the compilation, inter-
terpretation and effective use of the statistical ma-
terial in its possession.

The importance of the collection and wise use of
complete statistics Qf births, deaths and; contagious
diseases is self-evident. The United States Census
Bureau, in co-operation with a number of national
associations interested in public health, has devised
and recommends to the several States a standard or
model vital statistics and birth registration law. It is
to be regretted, in our judgment, that it is not possible

644 Public Papers oi? Gtovbbnoe Sulzbe

for the Federal Census Bureau to establish riegula-
tions controlling the collection of vital statistics in the
several States. In the absence of such authority it is
desirable that each State should co-operate to the
fullest extent with the national authorities. We
recommend that the model or standard law as pro-
vided by the Federal Census Bureau, with such modi-
fications as may be necessary, in view of existing New
York constitutional and administrative factors, be
substituted for the existing statutes dealing with these
subjects.

9. Each city, county, village and town should be
given specific authority to employ one or more trained
nurses to act as infant welfare nurses, school nurses,
tuberculosis nurses and generally, at the request of
physicians or health officers, to visit the sick who are
unable otherwise to secure adequate care and to in-
struct other members of the households in the care
of the sick. The State Public Health Council should
establish qualifications of eligibility and condition^ of
appointment for such public health nurses. In larger
communities, when several nurses are employed, some
would doubtless be assigned to one or the other of
these duties, but in smaller localities all of them may
be performed by one trained nurse. The advent of
trained nursing marks not only a new era in the treat-
ment of the sick, but a new era in publifc administra-
tion.

In the city of New York there are in the service of
the Department of Health over 300 trained nurses in
addition to those employed in the hospitals for con-
tagious diseases. Trained nurses are also emplbyed
by health authorities in some of the other cities of the
State. Three counties and a considerable number of
cities, villages and voluntary committees employ tuber-

Removal Pkoceedings and Investigations 645

culosis nurses. An exceptionally interesting account
was given to this Commission of the work of district
visiting nurses in the rural communities and villages
of northern Westchester county. These nurses are in
the employ of a benevolent corporation and are sup-
ported by private contributions, but in our judgment
such nurses might equally well be employed elsewhere
by local authorities. We strongly urge, therefore,
that specific authority be given to each city, county,
village and town to employ one or more trained nurses
for all the public health purposes for which trained
niirsiilg has now been found to be practicable.

10. The statute should require certain divisions in
the State Health Department and define the qualifica-
tions of the heads of such divisions. Some of these
divisions now exist; others should be established in-
cluding a division of child hygiene and a division of
public health nursing.

11. The following amendments to the Tuberculosis
Law are suggested in the light of an experience of five
years since its enactment. They are favored by the
State Conference of Sanitary Officers and the State
Charities Aid Association and their advisability does
not seem to us to require argument:

(a) Authorize nurses, landlords, and laymen gener-
ally to report to health officers for inquiry and exam-
ination any persons under their observation who ap-
pear to be suffering from tuberculosis..

■ (b) Authorize local health authorities , to employ
trained nurses for the supervision of reported cases
and' the discovery of unreported cases.

(c) Require local health authorities to initiate pro-
ceedings against physicians who fail to report cases.

(d) Provide for the compulsory removal and deten-
tion of careless tuberculosis patients.

(i4(i Public PAPERa ok Goveknor , SuLZijii'

,,(ie) Making the reporting of a case of tuberculosis
by a pbysician as easy as possible, requiring onlj the
name and address of the patient.

(f) Authorize the State Board of Public Health
Council to establish rules and regulations and to revise
them from time to time, defining the methods and pre-
cautions to be followed in disinfecting, cleansing or
renovating premises upon the death or removal. ;of a
tuberculosis patient.

(g) Eliminate the present penalty for reporting as
tuberculpus a patient who is not tuberculous.

12. Additional provisions should be made by the
State itself for the care of incipient cases pf pulmonary
tuberculosis. It is not necessary,, in our judgment, that
a new board of managers be established. We wTould
suggest that the board of managers of the existing
State Hospital for Inpipient. Tuberculosis at Eay
Brook, N. Y., be charged with the duty of either in-
creasing the capacity of the existing institution, or if
that would seem to he. unwise, of securing a site and
establishing a similar institution at some point in the
central portion of the State. , . ,

13. We would urge as strongly, as possible that each
county in the State^ except those in which, benevolent
corporations or municipal authorities make adequate
provision for tuberculosis hospitals and tho^e counties
having a population of less than, say, 25^000- inhab-
itants, should proceed at once and with all diligence
under the provisions of the County Hospitals Law to
establish and maintain a county tuberculosis hospital
with a capacity equal to at least the average number
of deaths per annum from tuberculosis for the pre-
ceding five years. !,...,,

14. The State Health Department should be pro-
vided with a new laboratory, with sufficient land, and
with adequate facilities for routine examinations,

Removal Peooeedings' and Investigations 647

analyses, and original research. The present labora-
tory.of the State Department is in the residential por-
tion of the city of Albany. It is most inadequate in
size^ equipment and staff. The number of animals
crowded within the area of a few city lots is such' that
in midstmimer they are practically useless for scien-
tific purposes. An adequate laboratory with farm
lands for the care of animals needed for the produc-
tion of various supplies to be furnished to local health
authorities is one of the urgent needs of the State
Health Department.

The laboratory should be planned on a scale con-
templatingi original research as well as routine exami-
nations, t

The State Health Department should also be author-
ized to enter into contracts with several laboratories
located in the larger cities in various portions of the
■State, for the iprompt examination and immediate re-
port of specimens received from local health officers.
The length of time elapsing when cultures of diph-
theria, for instance, are sent from the remoter por-
tions of the Stajte to Albany, and the reply received,
deprive the reports of a large part of their value.
Replies are sent by telegraph only when requested and
at the expense of the local authority. An outbreak
of a serious contagious disease is too important a
matter for a definite report to be delayed by the acci-
dent that a local authority may fail to request a reply
by telegram.

It is extremely important that there be made
promptly available to every ^health officer and physi-
cian in the Statei an authoritative examination for the
diagnosis of venereal diseases as well as other com-
municable diseases.

' 15. Municipal authorities should be strongly and
repeatedly urged to provide contagious disease hos-

648 Public Papers of Governor Sulzer

pitals (in addition to tuberculosis hospitals), not less
than one bed per 2,000 of the general population. The
State Department of Health should be charged with
the duty of periodically inspecting such hospitals and
of reporting their condition and needs to the authori-
ties responsible for their maintenance, and the Public
Health Council should make regulations for their
administration.

The importance of contagious disease hospitals in
reducing sickness and mortality is generally recog-
nized. For the isolation of homeless patients or those
living in seriously overcrowded homes, hospital pro-
vision is necessary. Such provision may be made
under existing law by local health authorities. It is
an anomalous fact that the State Department of
Health is not specifically charged with the duty of in-
spection or supervision of such hospitals, nor are local
health authorities required to report to it the extent
to which they are equipped with hospitals, nor does
the State Department seem to have made it a part of
its work to urge local authorities generally, from time
to time, to make suitable hospital provision. We have
secured from the health officers of twenty-eight cities
of the State a statement of the amount of hospital pro-
vision for contagious diseases in their jurisdictions.
The total provision for contagious diseases, other than
tuberculosis, in New York city and in cities reporting
is as follows:

New York city, 1,500 beds, or one bed for each 3,500
of population.

Twenty-eight cities, outside of Greater New York,
611 beds, or one bed for each 2,217 of population.

It should be noted, however, that 253 of these 611
beds for the cities outside of Greater New York are
in Syracuse. Eliminating Syracuse as exceptional,
we find that the other 27 cities have a total of 358

Removal Pkoceedings and Investigations 649

beds for contagious diseases, or one bed for each 3,400
of population. It should also be stated that in some
of the cities reporting " hospital beds " the provision
is in the nature of a " pest house " that is selSom
used except in cases of serious epidemics and were
provided chiefly for smallpox.

Contagious disease hospital provision has made
much more rapid headway, in foreign countries than
here. The standard of one contagious disease hos-
pital bed per 1,000 inhabitants, which is the English
standard, would require a total of 5,000 beds in New
York city, and a total of 4,500' beds in the remainder
of the State. A standard of one such bed per 2,000 of
the general population probably represents the maxi-
mum which can be secured at this time.

16. The proposed Public Health Council should have
power to regulate the practice of midwifery. Such
power now exists, to some degree, in New York city
and in Erie county, but not elsewhere in the State.

17. The written reports of public health officers, in-
cluding nurses, etc., on questions of fact under the
Public Health Law of this State or under any State
or local health regulations, should be made presump-
tive evidence of the facts so stated, and receivable as
such in all courts and places. The persons making
such reports should be exempted from personal liabil-
ity for the facts so stated, provided they have acted in
good faith.

18. The educational work of the State Department
of Health, particularly popular education as to the
causes and methods of control of prevalent diseases,
should be greatly extended. The Monthly Bulletin
issued by the Department, its manual and its circulars
in regard to contagious diseases, are a useful begin-
ning in an educational campaign. Some other State
Health Departments have carried on a more extensive

650 Public Papbes of Goveenoe Sui.zer

movement of popular education, suck as has been car-
ried on in this State as to tuberculosis jointly by the
State Department of Health and the State Charities
Aid Association, but in which the State Department
of Health has been unable to take as active and lead-
ing a part as would have been desirable on account of
inadequate appropriations.

The makers and venders of patent medicines expend
fabulous sums annually in the miseducation of the pub-
lic as to the nature and cure of disease. The State
Health Department, with the prestige naturally attach-
ing' to a State department, with its 'district sanitary
supervisors and with some 1,200 local health officers
as its aids, offers an exceptional opportunity for edu-
cational work.

The largest opportunity of all undoubtedly is in the
preparation and furnishing, at suitable intervals, of
material for the daily and weekly press. Through its
vital statistics and reports of contagious diseases
which come to it, the Department has at hand k con-
stant supply of up-to-date information on matters of
vital importance. Properly stated and interpreted,
this would be widely used and would constitute an
invaluable factor in the general education of the pub-
lic, which, all things considered, is the most important
part of any public health movement. Leaflets of a
popular character should be issued fronl time to time
in as large quantities as can be actually distributed to
individual readers.

19. By establishing standards of qualifications of
public health officers and nurses, and in other ways,
the State Public Health Council should encourage the
educational bodies of the State to maintaii; special
courses of study and training in sanitary science and
public health work for physicians, nurses, engineers

EemOval Peoceedings and Investigations 651

and others proposing to engage in public health work
in any of its branches.

20. At the earliest possible moment the records of
the State Department of Health, including the records
of births and deaths, should be placed in a fireproof
building and the Department should be provided with
offices large enough to relieve the present congestion
and protect the health of its employees. If the fire in
the capitol had been in the east end instead of the west
end, the records of the Department would have been
destroyed. It would seem to require no argument that
the State should provide healthful working conditions
for its employees in the Department of Health. The
present congestion is a menace to the health of the
Department's employees.

VII. IMPOBTANT SUBJECTS NOT COVEHED

We have alluded to only a few of the many subjects
brought before us. , There are a number of matters of
great importance as to which we are convinced that
measures should now be taken. We have not, how-
ever, been able, in the brief time available, to frame
specific recommendations. These subjects include the
following :

1. The establishment in medical colleges connected
with universities, or under the direct auspices of the
State Department of Health of systematic courses of
instruction in sanitary science, leading to a degree,
which ultimately might be required of all health
officers.

2., The establishment of a system of medical exam-
ination, at least of male applicants, as a condition to
securing a marriage license.

3. The establishment in connection witli tuberculosis
hospitals and sanitoria of industrial plants for the
employilient of arrested cases, under healthful con-
ditions.

652 Public Papeks oj.'' Goveknok Sulzek

4. A general study of the results of sanatorium
treatment of tuberculosis and of the further steps that
need to be taken in order to conserve to the largest
degree the benefits of sanatorium treatment.

5. The regulation of housing in cities of the second
and third classes.

6. The better protection of water supplies.

We appreciate the honor of having been asked by
you to take part in a matter of such vital importance
to the welfare of the people of this State.

HERMANN M. BIGGS, M:. D.

Chairinan
HOMER FOLKS

Secretary
JOHN A. KINGSBURY

Assistant Secretary
EDWARD R. BALDWIN, M. D.
W. E. MILBANK, M. D.
MARY ADELAIDE NUTTING, R. N.
JOHN C. OTIS, M. D.
ANSLEY WILCOX

Appointment of John N. Carlisle, John H. Delaney and
H. Gordon Lynn to Examine and Investigate the
Management and Affairs of Any and All Depart^
ments, Boards, Bureaus or Commissions of the State

Certificate of Appointment

State of New YoBXi — Executive Chambek

To All to Whom These Pbesbnts Shall Come,
Greeting :

Know ye, that pursuant to section 8 of the Executive
Law, I have appointed and by these presents do hereby
appoint John N. Carlisle of Watertown, Jefferson

KeMOVAL Jr'KOCEEOINGS AND INVESTIGATIONS 653

county, New York ; John li. Delaney of the borough
of Brooklyn, New York city, and H. Gordon Lynn of
the borough of Manhattan, New York city, to examine
and investigate the management and affaii's of any and
all ; departments, boards, bureaus or commissions of
the State.

The said John N. Carlisle, John H. Delaney and H.
Gordon Lynn are and each of them is hereby empow-
ered to subpoena and enforce the attendance of wit-
nesses, to administer oaths and examine witnesses
under bath, and to require the production of any books
or papers deemed relevant or material.

And I hereby give and grant unto each said John N.
Carlisle, John H. Delaney and H. Gordon Lynn all and
singular the powers and authorities which may be
given or granted unto a person appointed by me for
such purpose under authority of the statute aforesaid.

In witness whereof, I have subscribed my
name to these presents and caused the
[l. s.] Privy Seal of the State to be affixed hereto
at the Capitol, in the city of Albany, this
sixth day of January, in the year of Lord
one thousand nine hundred and thirteen.
(Signed) WM. SULZEE
By the Governor :

(Signed) Chester C. Platt

Secretary to the Governor

Report of the Committee of Inquiry

Albany, N. Y., March 21, 1913

Honorable William Sulzbr, Governor of .the State of

New York, Executive Chamber, Albany, N. Y.:
■: Sir.— The Committee of Inquiry, having devoted the
time allowed to it when it was appointed, and having
completed, so far as tlje time limited permitted, the

654 Public Papers or Governor Sulzer

work assigned to it, submits the following as its final
report, together with the recommendations, which
impress it as wise and for the advantage of the State,
for the promotion of eJBficiency and economy in the
service of the State and in the State's business and
financial concerns.

In your first message to the Legislature you recom-
mended the appointment of this Committee in the fol-
lowing language :

" Many worthy citizens have suggested to me
the advisability of examining, through a com-
mittee of inquiry, into every department of the
State government to ascertain where expenditures
can be checked and the money of tlie taxpayers
saved, and also to recommend to the Legislature
in this message the desirability of abolishing use-
less offices, consolidating wherever possible bu-
reaus and commissions, -with the sole object of
more rigid economy and a greater degree of
eflSciency. "

On January 6, 1913, your Committee was appointed
and we immediately entered upon the discharge of
our duties and have since been engaged in attempting
to cover the enormous mass of detail assigned. ' ' '

We were confronted at the outset with the proposi-
tion that in order to make our work effective this re-
port must be made in practically sixty days from the
time we were commissioned, to the end that it should
be presented to the Legislature and our recommenda-
tions submitted to them in time for action. Necessarily
we have not been able to follow up in every detail a
large immber of matters which were brought to our
consideration.

Removal, Pkoceedings and Investigations 655

Upon our organization, we announced tliat our line
of action would be to make an investigation of the
different departments of the State for the purpose of
trying to secure economies and efficiency in the public
service. It is along this line that we have spent the
greater part of our time. We deem this to be the real
constructive part of our work, and that which will
result in lasting benefit to the State, if the recommen-
dations we submit are enacted into laws.

Business Methods of the State and Its Ststem 'of

Finance

The business of the State can reasonably be said to
be run without any systematic plan whatever. Each
department is conducted as an independent enterprise,
and there is no effort at co-operation, no point or
place where the various activities of the State govern-
ment concentrate. The Governor appoints heads of
departments, generally with the advice and consent of
the Senate, and there his real power practically eijds ;
the Legislature creates the departments, and after that
merely appropriates funds for their support; the
Comptroller is vested with only a limited power of
audit, and that power extends to less than one-fourth
of the amount expended last year for the support of
the State institutions. The condition therefore ensues
that work is duplicated, labor is multiplied and ex-
penditures become greater each succeeding year, be-
cause there is no way by which the business of
government may be considered as a compact whole.
To bring about a proper condition of control it seems
necessary to establish new agencies of government en-
dowed with power to examine and supervise the work
of ail the departments, to compel uniformity in

656 Public Papers of Govehnor Sulzer

methods of administration and accounting, and then to
assemble together the results obtained, so that the
Legislature and the G-overnor may have accurate,
complete and condensed information to aid them in
properly exercising their legislative and executive
duties.

As the first steps toward bringing about necessary
reforms, we had prepared five bills which we submitted
to you with a preliminary report on the 11th day of
February, 1913. These bills, briefly summarized, pro-
vide as follows : ' '

1. A State Board of Estimate, consisting of State
officials, to have the careful preparation of the appro-
priation bills.

2. A Commissioner of Efficiency and Economy, to
have the power to examine into all the expenditures
of the State, and to make recommendations along lines
of efficiency and economy.

3. A State Board of Contract and Supply, controlled
by State officials, to have power to purchase all sup-
plies for every department of the State.

4r-5. The Comptroller to have absolute power to
audit and examine every expenditure.

We must respectfully urge the passage of these bills
at the earliest possible date.

To secure economy and efficiency in State affairs, the
entire system under which appropriations of funds are
made by the Legislature should be changed. The law
now compels departments and bureaus to submit be-
fore the fifteenth of November an estimate of the
amount of money required for their support during
the ensuing fiscal year. Inasmucli as the present fiscal
year begins October 1, this means that these estimates

Eemoval Proceedings and Investigations 657

are prepared more than ten months in advance. Every
year conditions arise which could not be foreseen by
even the most careful executives, and the system has
resulted sometimes in such excessive amounts being
appropriated that extravagance is invitetl, and some-
times in such deficiency in appropriation that depart-
ments were compelled in violation of law to exceed the
expenditure allowed; and the consequence has been
annual supply bills and special bills filled with emer-
gency appropriations. To correct this condition we
recommend :

First. That the fiscal year of the State begin on tlie
first day of July instead of the first day of October,
thus bringing the date near the end of the legislative
session.

Second. That general appropriations should be
available only for the year for which they are specifi-
cally appropriated.

Third. That all unexpended balances lapse ' at the
end of each year. The conditions under which the
funds have been handled in the past are such as to
prevent this plan becoming etTective until September
30, 1914.

Fourth. That it should be unlawful, and under no
circumstances should a department be empowered or
permitted, to incur liabilities in excess of an appro-
priation, and the Comptroller should not be permitted
to make any deviation from this rule nor sanction
directly or indirectly any violation thereof.

Fifth. That the appropriation bill should not permit
the word " Maintenance " to be used as is now applied.
At present, in connection with prisons, hospitals and
charities, this term covers wages, salaries, supplies,
expenses, repairs and in some cases betterments, and

658 Public Papeks of Governor Sulzek

the institutions should be required to separate into
detail all of these items, otherwise the Legislature has
no control whatever over the expenditures for theso
purposes.

Sixth. That supply bills be discontinued. Exigen-
cies and contingencies should be taken care of in either
a deficiency or a special bill.

Seventh. That the form of the appropriation act
should be changed so as to show specifically the titles
of positions for which salaries are provided, instead
of concealing them in so-called " grades," as at
present.

Our examinations into the various departments show
that, as far as the matter of interpretation of the ap-
propriations is concerned, each department is a law
unto itself; that practically no two departments handle
an item of expense in the same manner ; and that there
is an absolute lack of uniformity in treatment, with no
present power vested in anyone to bring about this
necessary reform.

To bring about control, it is necessary to have con-
centration of power and authority. Without concen-
tration of power and authority, efficiency and economy
cannot be had ; and control cannot be had by a Budget
Committee, a Finance Committee or any controlling
governmental body, until all of the departments of
administration of the State of New York shall have
been compelled to adopt a uniform system of general
accounting.

We feel confident that the approval by the Legis-
lature of the foregoing recommendations will increase
largely the efficiency of the service, and permit of
regulation of expenditures that will result in very
large saving of public funds every year.

Removal. Peocebdings and Investigations 659

' ■' Unexpended Balances

During the course of our investigation we discovered
that in nearly every department of the State there
were large unexpended balances on hand. These bal-
ances occurred by reason of the departments having
obtained more money in the past than was necessary
for the purposes for which they were asked, and, in
some instances, these balances amounted to a larger
amount than was necessary to run the department for
two full years for the specific purposes desired.

For instance, in the Insurance Department there was
on September 30, 1912, an unexpended balance of ap-
propriation for office expenses amounting to $30,190.67.
Upon October first there became available an addi-"
tiohal appropriation, made by the last Legislature, of
$25,000. Thus, there was in this fund at the beginning
of this fiscal year a total sum of $55,190.67.

The expenditures on account of office expenses dur-
ing the last year amounted to only $19,413.71, but this
Legislature was asked to appropriate $25,000 more,
the department apparently overlooking the fact that
there was already sufficient in this fund to meet the
requirements of two years to come.

Your Committee has recommended that this unex-
pended balance be reappropriated, and no new appro-
priations be made this year.

As we have heretofore recommended, the practice of
allowing unexpended balances to be carried over
should be discontinued and the Legislature should pro-
vide that all such balances do lapse at the end of the
fiscal year 1914, and at the end of each succeeding year.

Printing
The cost of printing for the Legislature and various
State departments for the fiscal year 1911-1912,

(560 Public Papers oi'' Goveknob Sulzer

ordered through the State Printing Board, is given in
the Comptroller's report as follows:

Legislative printing , $388,554 49

Departmental printing 189,981 07

Engraved bonds 31,803 50

$610,339 06
Estimated outstanding liabilities Oct. 1, 1912, to be
paid out of 1912 funds 50,000 00

Total $660,339 06

The State Printing Board, composed of the Secre-
tary of State, the Comptroller and the Attorney-Gen-
eral, is charged by statute with the duty of supervising
the purchase of all printing, with directing the ' ' form,
style and methods of the execution of all work," and
with advertising for competitive bids and letting con-
tracts for said work; but, by the terms of the same
statute, the Printing Board is denied even the power
to determine the character of the specifications to be
bid upon, or the quantities of printing to be ordered
or contracted fpr. The present printing law of the
State of New York appears to have been especially
well designed to promote extravagance and waste and
to absolutely prevent any effort toward econonay. The
Printing Board has promulgated such rules as it could
to regulate methods of ordering and delivering work,
but the limitations upon the power of the Board pre-
vent any actual control, and the establishment of an
official board under such conditions is only a pretense
at protecting the' taxpayers of the State. The experts
employed by your Committee are unanimous in their
opinion that very large savings could be made if the
law permitted proper methods of purchase and
regulation.

Removal Phoceedings and Investigationb 661

Your Committee recommends that the present State
Printing Law be repealed, and that the acts to estab-
lish a State Board of Contract and Supply and a
Department of Efficiency and Economy, already pend-
ing in the Legislature, be enacted into law, as an .effect-
ive means of stopping this waste of public funds. Or,
if it be deemed unwise by the Legislature to establish
a bureau for the purchase of all supplies, at least the
PrintingLaw should be changed so as to make it pos-
sible for the State departments to purchase printing
at the lowest prices obtainable. We have had prepared
and sent to the Legislature a new printing law, and we
recommend its enactment as an alternative measure.

Your Committee has transmitted a copy of the re-
port of its examiners to the State Printing Board, with
some suggested economies that appear to be possible
under the provisions of the present contract, through
certain changes in grades of paper.

Stationery and Office Supplies
Stationery and office supplies are used in very large
quantities by the State of New York, but the State
purchases these supplies in small quantities and at un-
reasonably high prices. Some of these supplies are
furnished to various departments by the State Comp-
troller's office, but the larger portion is purchased by
the departments themselves in the open market. Some
departments — for instance, the Secretary of State and
the Conservation Commission — have recently made an
effort at economy in this line, but, even in these de-
partments, the prices paid are far in excess of what
is reasonable.

In one table in the Comptroller's Annual Report
(page 95) the cost of stationery and typewriter sup-
plies paid out of office and general expenses account,

662 Public Papeks of Goveenok Sulzek

by tlie departments, is given at $32,467.65. This is
only a small part of the total purchases of this char^
acter. It is not possible, without a laborious analysis
of all the accounts kept by the various departments
and ins'titutions, to give the exact amount the State
pays in any fiscal year for stationery and ofiSce sup-
plies, but, we believe, a conservative estimate would be
$80,000.

The establishment of a central purchasing agency
for supplies of this nature would easily result in a
saving of $20,000 a year.

Sinking Fund
We are advised by the Comptroller of the State that
the several sinking funds, kept pursuant to law, are as
follows :

(1) For the retirement of the bonds issued pursuant
to chapter 147 of the Laws of 1903, for the improve-
ment of the Erie, Oswego and Champlain canals, a total
issue of $2,000,000, par value.

(2) For the retirement of the bonds issued pursuant
to chapter 147 of the Laws of 1903 and chapter 241 of
the Laws of 1909, for the improvement of the Brie;
Oswego and Champlain canals, a total issue of $21,-
000,000, par value.

(3) for the retirement of the bonds issued pursuant
to chapter 147 of the Laws of 1903, chapter 302 of the
Laws of 1906, chapter 241 of the Laws of 1909 and
chapter 66 of the Laws of 1910, for the improvemeht
of the Erie, Oswego and Champlain canals, a total issue
of $40,000,000, to which is to be added an issue of
$20,000,000, contemplated to be sold in the current
year.

(4) For the retirement of the bonds issued pursuant
to chapter 391 of the Laws of 1909 and chapter 139 of

Removal. Proceedings and Investigations 663

the Laws of 1910 for the improvement of the Cayuga
and Seneca canals, a total issue of $3,000,000, to which
is to be added an issue of $2,000,000, contemplated to
he sold in the current year.

(5) For the retirement of the bonds issued pursuant
to chapter 746 of the Laws of 1911, for barge canal
terminals, a total issue of $5,000,000, to which is to be
added an issue of $5,000,000, contemplated to be sold
in the current year.

(6) For the retirement of the bonds issued pursuant
to chapter 479 of the Laws of 1906 and chapter 718 of
the Laws of 1907, for the improvement of highways, a
total issue of $34,000,000, to which is to be added an
issue of $16,000,000, contemplated to be sold in the cur-
rent year.

(7) For the retirement of the bonds issued pursuant
to chapter 363 of the Laws of 1910, for the improve-
ment and extension of Palisades Interstate Park, a
total issue of $2,500,000, par value.

In these several sinking funds, the Comptroller,
after the method that has grown up in his office, has
figured that there should be added, by appropriation
or direct tax, for the fiscal year beginning October 1,
1913, the following amounts, viz. :

Total to be For For

Fund. added principal Interest

(1) supra $264,561 66 $204,551 66 $60,000 00

(2) supra 925,930 82 295,930 82 630,000 00

(3) supra '^ . . . 3,306,895 77 906,895 77 2,400,000 09

(4) supra 275,574 66 75,574 66 200,000 00

(5) supra 661,379 16 261,379 16 400,000 00

(6) supra 60,626 42 30,626 42 30,000 00

(6) supra 3,260,000 00 980,000 00 2,280y000 00

(7) supra 137,787 32 37,787 32 100,000 00

Total $8,892,745 81 $2,792,745 81 $6,100,000 00

664 Public Papers of (tovekn-oe, Sulzer ,

The total liability for the funded debt of the State
of New York on December 31, 1912, was $106,472,660.
This is divided as follows :

Canals $69,407,660 00

Highways 34,000,000 00

Palisades Interstate Park 2,500,000 00

Saratoga Springs State Reservation 565,000 00

Total $106,472,660 00

The bonds of the Saratoga Springs State Eeserva-
tion of $565,000 carry with them no imposition of a
sinking fund.

The amount of the funded debt as of the given date
for which provision has been made for sinking fund is
$105,907,660.

Of the amount of bonds authorized, but not yet is-
sued, there are $124,778,000. The analyses respecting
the purposes for which created show :

For canals $58,393,000 00

For highways 66,000,000 00

For Saratoga Springs State Reservation 385,000 00

Total $124,778,000 00

There was in the sinking fund of the State of New
York on December 31, 1912, $22,304,040.95, consisting
of:

Investments $20,426,746 84

Cash ; 1,877,294 11

Total $22,304,040 95

Analyzing further to exhibit the relation of tlie sink-
ing funds to the respective bond issues, shows :

RkmovaLi Pboceedings and Investigations 665

Canal debt sinkiag fund $17,907,324 72

Highway debt sinking fund 4,320,913 76

Palisades Interstate Park sinking fund 75,802 47

Total $22,304,040 95

If, instead of the practices that have been followed
by the State, the sinking fund had been created in the
usual and customary manner the accumulations as of
December 31, 1912, would have been $3,530,994.98, or
an amount equal to $18,773,045.97 less than the actual
amount of the accumulated cash and securities on hand
and available as of the given date.

This, ai^aljrzea to exhibit its relation to the respec-
tive issues, shows:

Excess in the canal sinking fund $15,.34 7,840 54

Excess in the highway sinking fund 3,394,395 36

Excess in the Palisades Interstate sinking fund . . 30,810 07

Total excess in sinking funds $18,773,045 97

The records of the Comptroller show that the
amount to the credit of the sinking fund for the high-
way loan of one million ($1,000,000) dollars at three
per cent, pursuant to chapter 469 of the Laws of 1906,
and amendments, redeemable December 1, 1956, was,
on September 30, 1912, $598,247.21. Thus it appears
that more than half of the principal had accumulated
and the bonds had a further life of forty-four (44)
years.

It is submitted that, to set aside two per cent of the
XJrincipal each year for a sinking fund on a debt of
fifty million ($50,000,000) dollars, on a basis of invest-
ment at three per cent compounded annually, there
will have accumulated in tliirtv-one vears thereafter

666 Public Papeks of Governor Sulzer

$50,002,678.17, and the bonds, having a life of fifty
years, will have yet to run a period of ninetegn years.

To concede that this theory is correct is to grant that
the first three decades are imposed with the burden of
this debt; that the latter two decades during the life
of the issue are relieved of any proportion of this
burden ; and, further, too, they are presented with the
public utility, free of debt, and the accumulations on
fifty million dollars for nineteen years ^ — a sum
amounting to thirty-seven million, six hundred
and seventy-seven thousand and eighteen dollars
($37,677,018).

Believing it to be a matter of a grave nature to sug-
gest any departure from the practices in vogue Con-
cerning the sinking fund, our examiner, with the con-
sent and approval of the G-overnor and your Com-
mittee, sought the advices of nine gentlemen in the city
of New York whose reputation as financiers extends
to every quarter of the United States. Included among
these men were some of the large buyers of the State
securities. None of these gentlemen knew that there
was in the sinking fund an amount in excess of the re-
quirement under the usual and customary amortization
plan. Their advices can be generally conveyed in the
statement that it is their opinion that clear, concise
statement of affairs should be given to the people
showing :

(1) The annual contributions made to the sinking
fund have been largely in excess of the requirements.

(2) There is an excess in the sinking fund to-day
equal to many millions more than is necessary.

(3) The practices in vogue operate against the time
honored principles of funding a debt.

(4) The expense and burden of the public debt is
inequitably distributed.

Removal Proceedings and iNVESTKiATiONS 667

(5) That the present administration proposes to
relieve the situation by reducing annual contributions
to the sinking funds until such time as the total
amount in the sinking funds shall represent the cor-
recl proportion of the total amount required for the
redemption of the bonds at maturity. Then, and
thereafter, contributions should be made to the sink-
ing fund in amounts sufficient only, under the usual
and customary plan of amortizing a debt, to discharge
the principal at maturity.

(6) And that the Governor and the Committee of
Inquiry have advised with men of finance, having the
knowledge and ability that come from experience, and
a correction of the practices will not operate to put
the State in jeopardy either as to the State's relation
to the securities already issued or concerning the
future sale of .State bonds.

In conclusion, your Committee recommends:
That inasmuch as the greatest proportion of the
excess was accumulated within the past seven years,
that the adjustment, operating to correct the abuses,
should be made effective immediately, to the end that
the same decade receives the benefits of such cor-
rections as far as is possible.

That the request of the Comptroller to appropriate
$9,022,245181 out of the revenues for the fiscal year be-
ginning October 1, 1913, described as being for con-
tributions to the Sinking Fund and interest on the
bonded indebtedness, inclusive of interest on bonds
estimated to be outstanding during the year, be re-
duced to $129,500 to the fund to liquidate the principal
and interest on the Saratoga Springs State Reserva-
tion bonds, aijd one hundred dollars ($100) to each
of the seven funds to liquidate various canal and high-

668 Public Papeks of Governor Sulzeh

way bonds, or a total amount to be " imposed and col-
lected " of $130,200. In view of the fact that the bal-
ance of the proposed levy for this year ($8,892,045.81)
was imposed and collected in previous years, and that
there still remains in the sinking fund a very large
surplus to be applied to the reduction of future contri-
butions, the provisions of the Constitution, directing
the manner of establishing and maintaining a fund
sufficient to discharge the debt at maturity, have been
fulfilled.

In confirmation of our recommendation upon this
subject, we submit herewith, and as a part of this re-
port, the opinion of our counsel.

Canal Claims and Board of Claims
Growing out of the construction of th« Barge Canal,
and the appropriation of lands in connection there-
with, there are now pending against the State about
two thousand four hundred claims for damages.

Under the act, the State, by filing a notice of appro-
priation, is entitled to enter into the possession of the
land and dispossess the owner therefrom without
making compensation, unless an agreement as to value
is arrived at. Where an agreement is not reached, the
State, in good faith, should provide a method of settle-
ment, or a tribunal before whom the value of , the
property taken should be quickly determined and the
moneys paid to the owners.

Under the present procedure, a large number of
claims have accumulated, and the present judicial sys-
tem of handling these claims is absolutely inadequate
to quickly and promptly dispose of them. It is im-
possible for the present Board of Claims to handle all
the business before it promptly and -with dispatch, and
it is necessary that some method should be adopted

Removal Phoceedings' and iNVESTlciATioNS ()69

whereby people having claims against the State can
receive a prompt decision. This is not only desirable
for the benefit of the claimants, but also for the State,
on account of the large interest charges accumulating
on these claims. The saving of interest alone will
easily meet the additional temporary expenses recom-
mended for the prompt disposition of the claims.

We believe that the Court of Claims should be tem-
porarily increased in its membership by an additional
three members, and that the judges of the Court of
Appeals whose terms of office have expired by age lim-
itation, and who are available under the statute for
such work be authorized to hear such claims as the
Attorney-General may see fit to submit to them', be-
cause of their experience and of the legal questions
involved.

.670

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Removal Proceedings and Investigations 673

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Removal Proceedings and Investigations 675

In order to carry these recommendations into effect,
we approve of the bill introduced by Senator Blauvelt,
and also approve of the additional recommendations
of the Attorney-General as to making! available the
services of the retired judges of the Court of Appeals.

These additional agencies, however, will only help
in a small way to affording any prompt and effective
relief, and we believe that the number- of claims is so
large, and the importance to the litigants is so great,
that some additional method should be provided for
the purpose of trying to adjust and settle these claims
out of court. The board of water supply of the city of
New York, which had a large number of similar claims
against it, finally procured legislation providing for
the appointment by it of a commission to adjust claims
by means of negotiating with the owners, with power
of recommending settlements to the board. We be-
lieve that the Canal Board of the State should have
the power to appoint a small commission who should
be authorized to take up for adjustment all the claims
now on file, and with power to make recommendations
to the Canal Board for settlement, and we recommend
legislation to this effect.

Plan of Woek of Committee

Immediately upon the organization of the Commit-
tee of Inquiry, we prepared blank schedules upon which
every department, bureau and office of the State was
required to submit information showing the cost of
these departments for the years 1905, 1907, 1909, 1911,
1912, and their estimates for 1913. The attached
sheets, Schedules "A" and " B," filled out by the
Civil Service Commission, illustrate these forms.

In addition, we also required each department to
furnish us with the civil list of employees, showing the

676 Public Papers op Goveenok Sulzeb

names and number of all tkeir employees, when ap-
pointed, title of position, when appointed, date of
original appointment, rate of original salary, present
title of position and date of appointment to present
position, and the attached sheet, Schedule " C," wUl
show the report made to us by the Civil Service Com-
mission on this branch of the work.

We also had prepared copies of the Appropriation
Bills and Supply Bills, showing the amounts asked for
this year, the amounts allowed in 1912 and the in-
creases and decreases connected therewith, and had
careful tables made of expenditures for the year 1912,
showing moneys actually expended and unexpended
balances on hand, if any, in each department.

With the data secured from the schedules furnished
and the general knowledge gained by the examination
of witnesses, we have been able to completely revise
the estimates for which appropriations were re^
quested, and we have prepared for printing ajid sub-
mission to the Legislature a new Appropriation and a
new Supply Bill, containing the items recommended
by us.

In connection with our work, we personally con-
ferred with the head of every department, board, bu-
reau and commission of the State, and discussed the
matters connected with the same, and also required
the heads of all departments, boards, bureaus and com-
missions to appear in person at public hearings for
examination as to the items in the schedules submitted,
their methods of purchasing supplies, and in general
the whole administration of their departments. We
also held a large number of evening sessions. We
have sought information from every source as to effi-
cient and economical methods of administration, and
have urged upon the heads of departments the neces-

Removal. Peoceedikgs and Investigations 677

sity for the elimination of useless offices and the amal-
gamation of bureaus that were doing the same kind of
work.

During the inquiry there appeared before the Com-
mittee 117 witnesses, who were sworn, and hearings
were also accorded to a large number of delegations,
at which a number of speakers appeared and presented
their views, and in all 3,618 pages of testimony were
taken.

In a great many cases, after these conferences and
hearings, we were able to come to an agreement with
the heads of the departments to revise downward their
estimates for the coming year, and in only a few cases
was there a dispute between us and the heads of
the departments as to the amounts of money which
should be appropriated. We have not tried to arbi-
trarily scale down any department, but tried to base
the determination upon the actual needs, and wherever
increases are absolutely necessary we have allowed
them.

The following is a summary of the Appropriation
and Supply Bills as recommended by us:

678 Public Papers of Goveenor Sulzee

Schedule of Appeopeia

DEPARTMENTS

Appropriation Made bt the LbgisiiAture
or 1912

General
Appropria-
tion bill

Supply bill

Total

Appro PRIA

Leois

General

Applopria-

tiOQ bill

Executive, total.

S65,990 00

S36,963 90

tl02,953 90

167,290 00

Administrative:
Secretary of State. . . ^ —

Comptroller. .. .'

Treasurer

Attorney-General , .

Civil Service Commission.
Prmting Board. ;

$323,400 00

426,075 00

33,900 00

246,210 00

59,060 00

13,500 00

(2,508 30
44,550 00
. 4,000 00
69,254 Z6
2,600 ,00

1325,908 30
470,«25 00

37,900 00
'315,464 26

61,660 00
. 13,S00 od

1336,400 00

■477,425 00

35,500 00

•."239,99000

61,600 00

13,500 00

Total.

$1,102,145 00

$122,912 56

$1,225,057 56

$1,164,675 00

Legislative, total .
Judicial, total

$1,077,400 00

$249,200 00

$1,326,600 00

$1,077,400 00

$1,739,185 00

$91,635 56

$1,830 ,.870 56

$1,743,920 00

Regulative:

Excise Department

Health Department

Labor Department

Public Service Commiasion

^Health Officer, Port of New York . . .

Department of Public Works

Superintendents of Elections

Tax Commissioners.'

Weights and Measures Department. .

Athletic Commission

Institute for the Study of Malignant

Board of Examiners of Feeble-Minded
Crimmals and Other Defectives

Board of Port Wardens

Commission to Investigate Port Con-
ditions

Interstate Bridge Commission

Racing Commission

$370,505 00
182,420 00
380,140 00
479,827 50
245,740 00

8,000 00

349,900 Oa

138,400 00

26,200 00

7,300 00

60,000 00

$27,500 00
16,090 49
4,425 00
8,000 00
90,250 flO

4,500 00

Total.

$2,252,932 50

Educational:

Education Dei]artment

Alfred University, School of Ceramics.

Blind, deaf and dumb

Education building

Normal schools

$6,870,940 00
13,350 00
191,984 89

521,500 00

Total.

$7,597,774 89

Agricultural:

Agricultural Department ._

Agricultural Experimental Station

Alfred University, School of Agriculture.

Cornell University

Morrwville School of Agriculture

St. Lawrence University, School of Agri-
culture .-

$479,000 00

120,300 00

34,750 00

349,428 80

34,880 00

35,000 00

2,000 00
15,500 00
4,000 00
2,760 00

36,400 00

$393,005 00

193,510 49

384,565 00

487,827 60

335,990 00

8,000 00

351,900 00

153,900 00

30,200 00

10,050 00

96,400 00

8,000 00

4,500 00
8,000 00

$431,555 00
204,500 00
420,450 00
493,295 90
311,780 00

8,000 00
354,900 00
193,400 00
36,320 00

5,180 00

60,000 00

22,500 00
10,000 00

2,022 00

2,022 00

27,860 00

$216,937 49

$2,469,869 99

1,579,770 90

$74,581 40

25,800 00

30,888 00

8,000 00

71,000 00

$6,945,621 40

39,150 00

222,872 89

8,000 00

592,600 00

$7,190,390 00

16,400 00

389,740 00

571,480 00

$210,269 40

$7,808,044 29

$8,168,010 00

$273,323 61

9,000 00

13,800 00

141,000 00

37,547 10

20,000 00

$752,323 61

129,300 00

48,550 00

490,428 80

72,427 10

55,000 00

$537,140 00
139,500 00

35,000 00
629,428 80

36,030 00

35,000 00

Rbmovai. Proceedings and Investigations 679

TIONS rOR THE YsAR 1913.

TioN Desired or the

LATDEE Of 1913

Ahoitnts Recommended bt Committee

APPKOPRUTION

Supply bm

Total

General

Supply bill

Total

recommended

Increaae

Decroaae

$25,300 00

$92,590 00

$72,460 00

$30,074 16

$102,534 16

$419 74

$2,500 00

$338,900 00

529,025 00

36,400 00

304,990 00

61,460 00

13,500 00

$282,700 00

415,825 00

32,400 00

229,990 00

56,160 00

13,500 00

$1,000 00
45,700 00
4,000 00
60,000 00

$283,700 00

461,525 00

36,400 00

289,990 00

56,160 00

13,500 00

$42,208 30

51,600 00

9,100 00

500 00

1,500 00

65,000 OC

25,474 26

5 500 00

$119,600 00

$1,284,275 00

$1,030,575 00

$110,700 00

$1,141,275 00

$83,782 56

$155,000 00

$1,232,400 00

$1,077,400 00

$155,000 00

$1,232,400 00

$94,200 00

$53,226 07

$1,797,146 07

$1,738,320 00

$53,226 07

$1,791,546 07

$39,324 49

$27,000 00

$458,555 00

236,500 00

420,480 00

2,493,295 90

361,780 00

8,000 00

354,900 00

220,560 00

36,320 00

7,180 00

85,275 00

22,500 00
10,000 00

$288,355 00

150,800 00

371,840 00

479,965 90

239,680 00

1,000 00

292,900 00

144.880 00

14,060 00

5,000 00

60,000 00

$20,000 00
9,500 00

$308,355 00

160,300 00

371,840 00

479,965 90

289,680 00

1,000 00

292,900 00

153,040 00

14,050 00

5,000 00

85,275 00

$89 650 00

32,000 00

38,210 49

12,725 00
7 861 60

2,000,000 00

60,000 00

50,000 00

46,310 00

7,000 00
69 000 00

27,160 00

8,160 00

860 00

16,150 00
5,050 00

2,000 00

25,276 00

25,275 00

11,125 00

4,600 00
8 000 00

27,860 00

2,022 00

$2,163,435 00

$4,743,205 90

$2,048,470 90

$112,935 00

$2,161,405 90

$308 464 09

$69,205 00

$7,259,595 00

16,400 00

429,551 09

30,000 00

679,480 00

$6,845,780 00

13,350 00

279,570 69

$85,705 00

$6,931,485 00
13,350 00

319,381 69
15,000 00

604,000 00

$14,036 40

39,811 09

39,811 00
15,000 00
64,000 00

$96,508 80
7,000 00
11,500 00

30,000 00

108,000 00

540,000 00

$247,016 09

$8,415,026 09

$7,678,700 69

$204,516 00

$7,883,216 69

$115,008 80

939,836.40

$536,000 00

$1,073,140 00

139,500 00

71,000 00

920,428 80

132,830 00

44,859 38

$429,560 00

120,500 00

35,000 00

549,428 80

36,030 00

35,000 00

$302,000 00
16,000 00

$731,560 00
136,500 00

35,000 00
704,428 80

39,730 00

41,072 16

820 763 61

$7,200 00

36,000 00

13,550 00

291,000 00

155,000 00
3,700 00

6,072 15

214,000 00

96,800 00

32,697 10

9,859 38

13,927 85

680 Public Papers op Govebnob Sulzeb

Schedule of Appbopeiations poe

DEPABTMENTS

AppBOPRiAnoN Made bt the Lboislatube
OF 1912

General

Apj)iopi'ia-

tion bill

Supply bill

Total

AfPBOFRIA

Legis

General

Aispiojiiia-

tion bill

Agricultural — Continued : , ■ . , .

Schoharie School o£ Agrioultnre

SyracuseUniveraityj College of Forestry

.State Fair Conunisaion.,., , . v.-

Adviflory Board for Frpn^o^loh of Agri-
, cultural Educat on ....,■.

150,000 00
33,700 00

1112,000 00
1,000 00

150,000 00
145,700 00

1,000 00

S5D,000 00
103,260 00
34,200 00

Total.

Jl, 137, 058 I

$607,670 71

11,744,729 51

SI, 599,558 80

Defensive:

National guard

Naval militia

Arsenals and armories

Grand Army of the Bepublic, Departr
ment of New York

1556,585 00
41,600 00

S18,860 SO
13,000 00
123,606 29

2,500 BO

$575,445 50
54,500 00
122,606 29

2,600 00

$611,945 00
56,550 00

Total.

1598,085 00

1156,966 79

$765,051 79

$668,495 00

Penal:

Prison Department

State prisons

Dannemora Hospital

Great Meadows Prison

Matteawan Hospital

. Sing Sing Prison

State Farm for Women, Valatie.

Prison for Women

State Commission of Prisons

Board of Classification ,

Commission on New Prisons

Probation Commission . ;

Bo^d of Parole

Penitentiaries

Transportation of convicts

$38,
770,
100,

000 00
000 00
000 00

$1,041 65
37,800 00

190,000 00

000 00
000 00
400 00
700 00

11

9:

100

15

,470 00
,200 00
,000 00
,000 00

1,800 00

30,000 00

1,500 00

800 00

3,750 00
150 00
300 00

$39,041 65

807,800 00

100,000 00

1,800 00

220,000 00

1,500 00

25,000 00

26,000 00

18,200 00

1,700 00

3,750 00

11,620 00

9,500 00

100,000 00

15,000 00

$41,100 00
840,000 00
125,000 00

200,000 00

'soiooooo

■30,000 00

20,400 00

1,700 00

14,600 00

9,200 00

100,000 00

15,000 00

Total.

$1,303,770 00

$1,427,000 00

Curative:

State Hospital Commission. . .

State Hospitals

Bingham ton State Hospital. . .

Buffalo State Hospital

Central Ishp State Hospital. .

Gowanda State Hospital

Hudson River, State Hospi^.

Kings Park State Hospital —
. Long Island State Hospital . . .
' Manhattan State Hospital

Middletown State Hospital. . .

Mohansic State Hospital . .....

Rochester State Hospital. . .,. .

St. Lawrence State Hospital. .

Utica State Hospital

Willard State Hospital

$176,220 00

437,070 50
377,084 00
732,198 00
207,936 95
568,491 00
643,069 00
206,470 50
.754,616 86
375,108 00
69,090 00
295,687 50
388,407 50
318,349 36
431,412 20

Total $5,981,111 37

$11,337 70
637,750 00

449 00

5,825 90

18,942 00

35,000 00

90,000 00

$799,304 60

$187,557 70
637,750 00
437,070 60
377,084 00
732,«7 00
207,936 95
574,316 90
643,069 00
225,412 SO
754,616
375,108 00
69,090 CO
330,587 50
388,407 SO
408,349 36
431,412 20

$216,310 00

511,200 00
451,000 00
897,750 00
246,100 00
697 ,600 00
828,000 00 -
216,000 00
979,200 00
462,000 00
. 52,500 00
343,125 00
406,800 00
401,400 00
S04,000 00

$6,780,<tlS 97*7,212,885 00

Removal Pkooeedingb and iBrvtssTiGATioNs 681
THE Yeab 1913 — (Continued)

TldX^IteSIRED OF THE
LiTDBE OF 1913

Amotjnts Recommended by

Committee

As Compared with 1912
Appropiuation

Supply bill

Total

General
Appropria-
tion bill

Supply bill

Total

recommended

Increase

Decrease

$26,600 00

$76,600 00
384,260 00
158,700 00

281,000 00

$60,000 00
30,700 00

$60,000 00
104,700 00

124,600 00

$74,000 00

$41,000 00

1,000 00

51,401,759 38

$3,001,318 18

$1,286,218 80

$556,772 15

$1,842,990 95

$221,200 00

$122,938 66

$128,599 81

$740,644 81
861,550 00
120,000 OO

3,000 00

$557; 845 00
43; 860 00

$32,012 48
18,000 00
120,000 00

2,600 00

$689,857 48
61 ; 850 00
120,000 00

2,600 00

$14,411 98
7,350 00

30,000 00

120 000 00

$2,606 29

3 000 00

•

$281,599 81

$950,094 81

$601,695 00

$172,512 48

$774,207 48

$21,761 98

$2,606 29

$41,100 00
885,400 00
145,000 00
1,800 00
204,000 00

$38,300 00
730,000 00
100,000 00

$38; 300 00
773,000 00
120,000 00
1,800 00
204,000 00

$741 65

$45 400 00

$43,000 00

20,000 00

1,800 00

14,000 00

34,800 00

20,000 00
1,800 00
4 000 00

$26,666 66

190,000 00

16,000 00

1,500 00

30,000 00

30,000 00

21,200 00

1,700 00

750 00

15,260 00

9,200 00

100,000 00

15,000 00

1,000 00

1,000 00

24,000 00

26,000 00

800 00

15,700 00
1,700 00

800 00

16,500 00
1,700 00

1,700 00

750 00

3,750 00

660 00

11,470 00
8,700 00

660 00

12,120 00
8,700 00

500 00

800 00

100,000 00

5,000 00

5,000 00

10,000 00

$73,400 00

$1,500,400 00

$1,101,870 00

$80,260 00

$1,182,120 00

$20,600 00

$219,291 65

$8,196 83
821,197 71

$224,606 83
821,197 71
511,200 OO
464,500 00
897,750 OO
246,100 OC
697,600 OC
828,000 OC
216,000 OC
981,700 OC
462,000 OC
52,500 OC
344,925 OC
406,800 OC
403,400 OC
504,000 OC

$166,080 00

"$666, 760 00

$155,080 00
600,750 00
472,363 00
405,527 00
830,740 00
226,341 OO
641,137 OO
755,273 OO
201,455 OO
891,927 OC
428,600 OC
4B,773 OC
318,723 OC
396,754 OC
374,273 OC
462,764 OC

$32,477 70

■■$35i292'56
28,443 00
98,093 00
18,404 05
66,820 10
112,204 00

37,000 00

472,363 00
405,527 00
830,740 00
226,341 OO
641,137 00
755,273 00
201;455 00
891,927 OO
428,600 OO
49; 773 OC
316,923 OC
396,764 OC
372,273 OC
462,764 OC

3 600 00

23,957 56

2,500 00

137,310 14
53,492 00

. .. .

19,317 00

1,800 OC

1,800 OC

11,864 60

8,34'6 5C

. 2,000 OC

2,000 OC

34 076 36

31,351 8C

....

$839,194 54

$8,052,079 «

$6,006,930 OC

$604,550 OC

$7,211,480 OC

$589,757 OC

$168,693 06

682 Public Papers of Goveenob Sulzek

Schedule of ApPKOPBLiTiows for

Appropeution Made by the Lbgislatuhe
OP 1912

AppROPaiA
Legis

DEPARTMENTS

General

Supply bill

Total

General
Appropria-
tion bill

Charitable:
Board of Charities

5117,060 00

$21,383 07

1,150 00

7,085 00

500 00

42,500 00

5,000 00

3,000 00

62,500 00

1,000 00
60,000 00

$138,443 07
1,150 00
70,665 00
3,900 00
257,628 98
121,000 00
108,000 00
363,500 00

28,280 00
127,076 67
129,386 42

68,200 00
103,960 00
179,389 83
309,317 71
197,000 00

50,750 00

114,521 21
40,100 00

18,000 00
124,174 34

62,380 00
40,033 18

$151,260 00

Fiscal Supervisor. _. > ,

63,580 00
3,400 00
215,128 98
116,000 00
105,000 00
301,000 00

27,280 00
87,076 67
129,386 42
54,200 00
86,450 00
179,389 S3
134,033 11
185,000 00
49,050 00

00,021 21
38,100 00

18,000 00
107,000 00

50,380 00
34,833 16

77,350 00
2,800 00

295,000 00

Custodial Aaylum, Newark

Eastern N, Y. Reformatory, Napanoch.

120,000 00
115,000 00
355,000 00

Hospital for Cripplwl and Deformed
Children, West HaverBtraw

32,000 00

Hospital for Tuberculosis, Ray Brook. . .
House of Refuge, Randall's Island

146,000 00
150,000 00

Letchworth Village

i4,666 66

17,600 00

68,450 00

Reformatory for Women, Bedford

110,000 00
210,000 00

175,284 60

12,000 00

1,700 00

. 24,500 00
2,000 00

335,000 00

State Agricultural and Industrial School.

206,000 00
56,000 00

Syracuse Institution for Feeble-Minded
Children

120,000 00

Thomas Indian School, Iroquois

Training School for Boys, Yccktown
Heights

44,000 00
40,000 00

Traimng School for Girls, Hudson

Western House of Refuge for Women,
Albion

17,174 34

3,000 00
5,200 00

132,000 00
68,000 00

Women's Relief Corps Home, Oxford . . .

45,000 00

Total

12,180,369 40

$476,477 01

$2,656,846 41 $2,878,860 00

Protective:
Trustees of Public Bmldinge

$1,000 00
253,350 00
580,550 00
119,020 00

10,000 00
8,526 67

40,400 00

$4,550 00
97,130 58
136,004 59

$5,550 00

350,480 58

716,654 59

119,020 00

17,121 39

8,526 67

81,281 00

20,600 00

3,500 00

1,100 00

15,720 00

12,055 00

2,300 00

1,350 00

6,730 00

600 00

10,000 00

4,350 00

3,750 00

200 00

500 00

13,500 00

9,720 00

16,000 00

$1,000 00

253,350 00

624,710 00

155,720 00

7,121 39

10,000 00

8,526 67

Niagara Reservation

40,881 00
20,500 00

50,400 00

Palisaaes Interstate Park

3,500 00

600 00

9,220 00

7,055 00

250 00

1,350 00

1,430 00

600 00

38,500 00

600 00
6,500 00
5,000 00
2,050 00

850 00

11,220 00

Fire Island Park

8,055 00

Lake George Battle Ground Park . ^

Grant Cottage

1,250 00
1,350 00

Sir William Johnson Mansion v^'.

5,300 00

1,650 00
600 00

10,000 00
1,500 00
1,060 00

Washington's Headquarters, Newburgh .

PhilUpse Manor House, Yonkers

Clinton House ■

2,850 00

2,700 00

200 00

4,350 00

2,550 00

200 00

500 00
13,500 00
4,250 00
16,000 00

3,500 00
9,170 00

5,470 00

Total

$1,048,071 67

$372,337 56

$1,420,409 23

$1,186,961 67

Removal PROciiEMiifGS and Investigations 683
THE Yeab 1913 — (Continued).

TION DbSIRED op the

LATURE or 1913

Amounts Recommended by

Committee

As Compared with 1912
Appropriation

Supply bill

Total

General
tion Ml

Supply bill

Total

RECOMMENDED

Increase

Decrease

114,000 00

il65,260 00

1,160 00

81,8S0 00

2,800 00

323,000 00

125,000 DO

115,000 00

355,000 00

35,000 00
164,000 00
150,000 00

68,450 00
126,500 00
235,000 00
355,000 00
222,000 00

58,000 00

130,000 00
49,000 00

40,000 00
150,000 00
74,000 00

49,000 (iO

$117,680 00

' $8,000 00

750 00

4,500 00

$125,680 00

750 00

76,430 00

2,800 00

291,500 00

120,000 00

115,000 00

355,000 00

32,000 00

46,000 00
150,000 00

66,950 00
110,000 00
209,000 00
335,000 00
206,000 00

56,000 00

115,050 00
44,000 00

20,000 00
132,000 00
68,000 00

45,000 00

$12,763 07

1,160 00

400 00

4,500 00

71,930 00
5,800 00
291,500 00
120,000 00
115,000 00
355,000 00

32,000 00
■ 46,0P0 00
15d,000 00
66,950 00
110,000 00
■ 209,000 00
175,000 00
206,000 00
56,000 00

115,050 00
44,000 00

20,000 00
132,000 00
68,000 00

45,000 00

$5,765 00

1,100 00

28,000 00

33,871 02

5,000 00

1,000 00

7,000 00

8,500 00

3,000 00

,

3,720 00
20i6i3'58

18,000 00

81,076 67

1,250 00

16,500 00

6,050 00
29,610 17
25,682 29
9,000 00
2,250 00

528 79
3,900 00

2,000 00
7,825 66
5,620 00

4,966 82

25,000 00

20,000 00

160,000 00

16,000 00

2,000 00

10,000 00

5,000 00

18,000 00

6,000 00

4,000 00

H96,160 00

S3, 075, 020 00

$2,548,910 00

$173,250 00

$2,722,160 00

$171,403 33

$106,089 74

i3,800 00

S4,800 00

271,150 00

809,260 00

17t,824 08

10,000 00

.8,526 67

93,900 00

6,000 00

38,500 00

4,800 00

25,220 00

18,055 00

2,380 00

1,350 00

3,887 89

600 00

$2,000 00

253,350 00

450,850 00

109,020 00

4,800 00

8,226 67

41,400 00

$4,760 00

1,780 00

73,800 00

$6,750 00
255,130 00
524,650 00
109,020 00
4,800 00
8,226 67
46,400 00

$1,200 00

17,800 00

$95,350 58

184,560 OC

191,904 59

16,104 08

10 000 00

12 321 39

300 00

43,500 66

6,000 00

34,881 00

6,000 00

20,500 00

31,000 00

850 00

11,220 00

7,055 00

250 00

1,000 00

1,370 00

600 00

31,000 00
1,800 00
16,220 00
7,055 00
880 00
1,000 00
1,657 80
600 00

27,500 00
700 00
500 00

3,950 00

950 00
5,000 00

14,000 OC

10,000 00

5 000 00

1,130 00

636 66

1,420 00

350 00

2,237 89

287 89

5 072 11

10,000 00

4,350 00
5,050 00
3,200 00

4,350 00

1,800 00

200 00

4,360 66
2,600 00
3,200 00

2,500 00

700 00
3,000 00

1,250 00

3,000 00

3,000 00

500 00

8,800 00

12,300 00

26,500 00

9,000 00

1,500 00
7,070 00

2,500 00
6,150 00
7,500 00

4,000 00
13,220 00
7,500 00

9,500 00

17,330 00

3,500 00

9 000 00

8 500 00

$343,701 97

(1,530,653 64

$937,911 67

$112,047 89

$1,049,959 56

$36,400 00

$406,849 67

684 Public Papebs of Goveenor Sulzee

Schedule of Appeopeiations fob

Approprution Made by the Lbgislatdhe
OP 1912

aphropria
Lbois

DEPARTMENTS

General

Supply bill

Total

General
tion bill

CoDfltructive:

Engineer and Surveyor

Architect

Public Works Department

$36,990 00

120,890 00

1,000 00

63,950 00

$20,115 00
7,500 00
6,249 96
5,000 00

$67,105 00

128,390 00

7,249 95

68,950 00

$37,345 00

173,080 00

1,000 00

73,800 00

Total

$222,830 00

$38,864 95

$261,694 95

$285,226 00

Genetal:

$214,960 00
416,840 00

$28,163 33

22,960 00

1,000 00

6,376 71

$243,103 33

439,790 00

1,000 00

5,376 71

15,000 00

226,000 00

140 00

$221,590 00

440,780 00

Stationery

16,000 00
176,000 00

15,000 00

60,000 00
140 00

Refund Martin B Hosier

Total

$821,790 00

$107,620 04

$929,410 04

$677,370 00

SUMMART

$65,990 00
1,102,145 00
1,077,400 00
1,739,185 00
2,262,932 60
7,597,774 89
1,137,058 80

598,086 00
1,303,770 00
5,981,111 37
2,180,369 40
l;048,071 67

222,830 00

821,790 00

$36,963 90
122,912 66
249,200 00

91,685 56
216,937 49
210,269 40
607,670 71
156,966 79

77,141 65
799,304 60
476,477 01
372,337 56

38,864 95
107,620 04

$102,963 90

1,225,057 56

1,326,600 00

1,830,870 66

2,469,869 99

7,808,044 29

1,744,729 51

765,061 79

1,380,911 65

6,780,415 97

2,656,846 41

1,420,409 23

261,694 96

929,410 04

(Recapit
$67,290 00

1,164,675 00

1,077,400 00

1,743,920 00

2,579,770 90

8,168,010 00

Agricultural

1,599,658 80

Defensive

668,495 00

1,427,000 00

7,212,885 00

2,878,860 00

1,186,951 67

285,226 00

General

677,370 00

Total

$27,128,513 63

$3,564,352 22

$30,692,866 86

$30,737,411 37

BsMOVAii Proceedings and Investigations 685
THE Yeab 1913 — (Concluded)

nOK DPBIBBD or THE

UTniiii OF 1913

Amounts Rkcommendbd by Committee

As COMPAKED WITH 1912
AppROPHTATION

Supply bUl

Totsl

General
Appropria-
tion bill

Supply bill

Total

RECOMMENDED

Increase

Decrease

123,600 00

$60,845 00
185,880 00
H,550 00
73,800 00

$37,345 00

113,910 00

1,000 00

57,960 00

$18,500 00

$55,845 00

113,910 00

1,550 00

57,950 00

$1,260 00

12,800 00

14,480 00

10,660 00

550 00

5,699 95

11,000 00

$46,850 00

$332,075 00

$210,205 00

$19,050 00

$220,255 00

$32,439 95

,

$221,590 00

440,780 00

2,500 00

1,000 00

15,000 00

$216,090 00
330,444 70

$216,090 00

361,584 70

2,500 00

1,000 00

16,000 00

$27,013 33

$31,140 00
2,500 00
1,000 00

78,205 30

$2,500 00

$1,500 00

1,000 00

4,376 71

is, 666 66

225,000 00

140 00

$3,600 00

$680,870 00

$561,634 70

$34,640 00

$596,174 70

$1,600 00

$334,735 34

TTIATIOH)

$25,300 00

119,600 00

155,000 00

53,226 07

2,163,435 00

247,016 09

1.401,759-88

281,699 81

73,400 00

839,194 54

196,160 00

• 343,701 97

46,850 00

3,500 00

1,284,
1,232
1,797
4,743
8,415
3,001
050
1,600
8,052;
3,075
1,530

590 00
276 00
400 00
146 07
205 90
026 09
318 18
094 81
400 00
,079 54
020 00
653 64
075 00
,870 00

$72,460 00

1,030,575 00

1,077,400 00

1,738,320 00

2,048,470 90

7,678,700 69

1,286,218 80

601,695 00

1,101,870 00

6,606,930 00

2,548,910 00

937,911 67

210,205 00

561,534-70

$30,074 16
110,700 00
155,000 00.

53,226 07
112,935 00
204,516 00
556,772 15
172,512 48

80,260 00
604,550 00
173,250 00
112,047

19,050 00

34,640 00

$102,
1,141,
1,232,
1,791,
2,161,
7,883,
1,842,
774,
1,182,
7,211,
2,722,
1,049,

534 16
275 00
400 00
546 07
405 90
216 69
990 95
207 48
120 00
480 00
.160 00
969 56
255 00
174 70

$115,008 80
221,200 00
21,761 98
20,500 00
589,757 09
171,403 33
36,400 00

1,600 00

$419 74

83,782 56

94,200 00

39,324 49

308,464 09

39,836 40

122,938 56

2,606 29

219,291 65

158,693 06

106,089 74

406,849 67

32,439 95

334,735 34

$5,949,742 86

$36,687,154 23

$27,501,201 76 $2,419,523 75.$29,920,725 51

$1,177,531 20

$1,949,671 54

686 Public Papebs of Governor Sulzsib;!

Statements of Appeopeiations Eecommended by
Committee of Inquiey

Total amount asked for in budget, 1913. ....... $63,817,123 94

Amount recommended by Committee 41,110,334 51

Reduction of estimates recommended by

Committee $22,706,789 43

Total appropriations, 1912 $52,366,582 35

Total appropriations recommended by Com-
mittee, 1913 41,110,334 51

Total savings in appropriations as com-
pared with 1912. $11,256,247 84

Appropriations 1912 1913

Appropriation Bill $27,128,513 63 $27,501,20176

Supply Bill 3,564,352 22 2,419,523 75

Special Bill 13,579,171 01 Est. 10,000,000 00

$44,272,036 86 $39,920,725 51

Contributions payable to canal

fund 1,286,562 00 1,060,109- 00

$45,558,598 86 $40,980,834 51

Canal debt sinking fund 4,442,263 33

Highway debt sinking fund.. 2,077,832 84

Palisade Interstate Park sink-
ing fund 137,787 32

Saratoga Springs State Res-
ervation fund 150,100 00 129,500 00

Totals $52,366,582 35 $41,110,334 51

The Appropriation and Supply Bill items recom-
mended by the Committee show a reduction in eighty
departments, bureaus and offices, compared with the
1912 appropriations of $1,949,671.54. On account of

Removal PboceedingSs and ; Investigations 687

tlie increase in the number of inmates in the hospitals
and charitable , institutiojjs, .arbitrary increases in
wages, due to legislation of 1912, and deficiencies in-
curred in 1912, the expenses of these hospitals and
charitable institutions -feave increased $761,160.^2.
Various other departments and institutions, including
Agriculture, Agricultural Schools, Care of the Blind,
Deaf and Dumb, National Guard deficiency, Educa-
tional Building arid Normal Schools show a further
increase this year of $416,370.78, making the total in-
crease in these institutions and departments. over the
appropriations of 1912 of $1,177,531.20. The net re-
duction, therefore, in the recommended appropriations
for 1913,' aS: compared with the actual, appropriations
for 1912 in lihe Appropriation and Supply Bill, amount
to' $772,140.34.- ' \ ' , '

Departments, Commissions and Bureaus of the State

The figures in relation to each of the Departments
and Bureaus of the State will be handled so far as
their receipts and expenditures of moneys are con-
cerned along the following general lines :

The appropriations for these Departments in the
year 1912; the amounts asked for in 1913; and the
amounts recommended by the Committee.

We had intended to go back to the year 1905 as a
basis for comparison, but after beginning our work
we found that there have been so many changes,
caused by the organization of- new departments, the.
taking of work from one department and placing it
upon another, and the increased duties devolving upon
each department, that such a comparison would bo
misleading and of no value whatever.

688 Public Papers of Governor Sulzer

executive department

The appropriations for the year 1912 werfi:

Appropriation bill $65,990 00

Supply bill 36,963 90

Total : $102,953 90

Amount asked for in 1913 :

Appropriation bill $67',290 00

Supply bill 25,300 00

Total $92,590 00

After Your Excellency took office it became ap-
parent that it w^as necessary, in order to properly
audit the enormous amounts expended for repairs
upon the State Capitol (the vouchers for which you
are required to sign), that an Executive Auditor
should be appointed who would relieve you of the
necessity of examining into the vouchers submitted
for your signature, as one of the members of the
Board of Trustees of Public Buildings. Practically all
the work upon the Capitol is done under percentage
contracts, which require careful inspection of the pay-
rolls and the bills for materials used, and these items
run into very large figures. It was of course impos-
sible for you to even superficially examine those de-
tailed figures, and yet your approval of these bills was
required officially before they could be paid by the
Comptroller. We therefore recommended, and you
appointed, an Executive Auditor, Avhich created a new
official, but one absolutely necessary to make certain
that the taxpayers be protected against excessive ex-
penditure of the public funds. Outside of the question

Removal Proceedings and Investigations 689

of an official auditor, the duties of employees in the
office of the Governor have been rearranged so that
the cost to the State of conducting your department
for the coming year in the Appropriation and Supply
Bill will not exceed the sum of $95,534.16y' which is a
saving of $7,419.74 over the amount appropriated in
l912.

SECBBTAEY OF STATE

The appropriations for the year 1912 were :

Appropriation bill , $323,400 00

Supply bill .1 2,508 30

Total $325,908 30

Amount asked, for in 1913:

Appropriation bill , . . $336,400 00

Supply bill 2,500 00

Total $338,900 OO

The collection of the motor vehicle tax, which is im-
posed by law upon the office of the Secretary of State,
has necessarily resulted in a large increase in the
office force and expense connected with the adminis-
tration of this office.

The appropriation bill in 1912 contained items
amounting to $214,460 in connection with the Motor
Vehicle Bureau, but this included items for number
plates, $42,000'; chauffeurs' badges, $5,000; and re-
funds, $500 ; a total for these items of $47,500.

The total amount collected by this Department in
the year 1912 from the motor vehicle tax was
$1,053,762.25, which netted the State, Ip'ss exp^iises in
collecting the same, $854,374.11.

690 Public Papers of Goveknoe Sulzeb

Upon its face this seems to be a very large amount
for the collection of this tax. A number of sug-
gestions have been made that the tax should be col-,
lected in the future in somewhat different manner, so
that the expense of collection be reduced, and also that
the owners of motor vehicles may pay the tax in their
home localities to avoid delay and inconvenience.

Your Committee is of the opinion that this tax
should be collected either through, the Highway De-
partment, to whom the revenues accrue for the mainte-
nance of roadsj or, if it is still to be collected by the
Secretary of State, that the collections in the interior
of the State should be made through the county clerks
of the different counties. The payment of a small
percentage of the tax, not to exceed 2 per cent., to
the county clerks, would recompense them, and ought
to reduce the number of employees now maintained at
headquarters.

We are of the opinion, however, tha;t the proper and
best method of collecting the automobile tax would be
through the Highway Department. The new highway
law creates nine divisions outside of the city of New
York (where a separate bureau would probably have
to be maintained), and the automobile tax could be
collected through the different division engineer head-
quarters of the Highway Department.

We believe that if this work of collecting the auto-
mobile tax is conferred upon the Highway Depart-
ment, it will place that departnient in closer touch
with the owners of automobiles, and that, in a sense,
the entire highway force will be interested in collect-
ing the largest revenues possible, to the end that suffi-
cient funds may be provided for proper maintenance
of the roads. In addition, the large force of inspectors

Eemqval Proceedings and Investigations 691

and men at work upon all the different roads of the
State can be made an effective agency to enforce the
license law, and to protect the roads and the travelers
thereon by insisting upon the rigid observance of all
laws relating to the operation of motor vehicles.'

The Secretary of State has special bills pending
which provide for an appropriation of $90,000, to pay
inspectors. We believe that the work can be done by
the Department of Highways without much additional
expense, and with much more efficiency than any pro-
posed system that can be established under the Secre-
tary of State. We believe that the sum of $283,700
is sufficient to run this department for the next fiscal
year, which is a saving of $42,208,30 over the amount
appropriated in 1912.

comptrollek
The appropriations for the year 1912 were :

Appropriation bill $426,075 00

Supply bill 44,550 00

Total . $470,625 00

Amount asked for in 1913 :

Appropriation bill $477,425 00

Supply bill 51,600 00

Total , $529,025 00

The Legislature each year has placed a large volume
of additional work upon the Comptroller's office, and
in the year 1912 it imposed the additional duty of ex-
amining the accounts of all the town and village offi-
cials in the State, in addition to what was formerly
required in the examination of the counties and cities.

692 Public Papees op Gtovernob Sulzeb

The Legislature has also discontinued the office of
the commissioners for loaning the moneys of the
State and centered all of the work in the Comptroller's
office. In addition, the work in the office in connection
with the Corporation Tax Bureau, court and trust
funds, and transfer tax, is gradually increasing, and
we have proposed legislation this year requiring the
Comptroller to audit all the accounts paid out of State
funds. Under the present law the Comptroller's
power of audit is limited to less than one-fourth of the
expenditures of the State departments, and it should
be extended to cover, all funds. In view of the fact
that this increased work has been put upon this office,
and the increased work wMch it is fair to anticipate
will be placed upon it, we believe that the Comp-
troller's estimates for this year are as small as can be
expected, and that the sum of $522,325 should be al-
lowed therefor, an increase of $51,700 over 1912.

STATE TEEASUEEE

The appropriations for the year 1912 were:

Appropriation bill $33,900 00

Supply bill 4,000 00

Total $37,900 00

Amount asked for in 1913:

Appropriation bill $35,900 00

Supply bill 500 00

Total $36,400 00

With the natural increase of the work, and the fact
that this Department shows a decrease in expendi-

Removal Proceedings and iNtESTiSATloNS 693

tures of $1,500, compared with 1912, we believe that
it is being conducted as efficiently and as economically
as possible.

ATTOBNEY-GENERAL

The appropriations for the year 1912 were :

Appropriation bill $246,210 00

Supply bill 69,254 26

Total $315,464 26

Amount asked for in 1913 :

Appropriation bill $239,990 00

Supply bill 65,000 00

Total $304,99p 00

We have carefully examined these figures and be-
lieve that the sum of $289,990 will be sufficient to main-
tain this Department for the coming year, a saving
over the year 1912 of $25,474.26. '

The work of the Attorney-General's office has in-
creased very materially during the term of the present
incumbent, due to the fact that the office has taken
over a larger amount of work for which special couii-
sel was formerly employed, and to addition^,!, duties
connected with the investigation of titles. It is oup
opinion that this Department is now being .admjflis-
tered at the least possible cost. The wisdom of the
policy of dispensing with the services of special, eouij-
sel has been demonstrated by a large saving of. un-
necessary expenditures, combined with much greater
efficiency in the transaction of .the legal business of
the State.

694 Public Papers op .Gtovbenoe Sudzeb

excise department

The appropriations for the year 1912 were:

Appropriation bill $370,505 00

Supply bill 27,500 00

Total $398,005 00

Amount asked for in 1913 :

Appropriation bill $431,555 00

Supply bill ; . . . . 27,000 00

Total . $458,555 00

Increase asked over 1912 $60,550 OO

This increase was for $40,000 additional for special
agents and $20,000 additional for legal expenses. This
Department had a large amount of unexpended bal-
ances on hand, and we were of the opinion that the
additional excise inspectors and the additional legal
expenses should not be allowed. Taking into considera-
tion the unexpended balances, if this Department is
allowed $308,355 it will have funds sufficient to run
the Department economically and effectively during
the fiscal years of 1913-1914, a decrease over 1912 of
$89,650.

In 1912 the cost of this Department for legal ex-
penses was $73,585.78, and the amount asked for this
year is $90,000. This Department is now the only one
in the State which has a numerous legal staff. Work
of similar character in the Agricultural Department
and the Conservation Department is carried on by the
Attorney-General, and that official is of the opinion
that he could effect a large saving if this work was
assigned to his office.

Removal Peocebdikgs and Investigations 695

public service commissions
First District
Under the statute the only expense to the State in
connection with the First District Public Service Com-
mission, is for the salaries o-f the commissioners, their
secretary and legal counsel, amounting in all to $91,000,
the balance of the cost being paid by the city of New
York. The salary list, of course, is fixed by statute.

Second District
The appropriations for the year 1912 were :

Appropriation bill $3138,827 50

Supply bill 8,000 00

•

Total $396,827 50

Amount asked for in 1913 :

A-ppropriation bill $402,295 90

Supply bill

Total . . $402,295 90

We have carefully gone over these figures and in our
opinion the sum of $388,965.90, a saving over 1912 of
$7,861.60, is sufficient to carry on this Department for
the ensuing fiscal year.

Each of these Departments asks for a very large
amount of money for the elimination of grade cross-
ings, the demand of the First Department being
$1,500,000, and the Second Department, $500,000, a
total of $2,000,000. The cost to the State of eliminating
grade crossings is very large, and the State can prop-
erly make almost any appropriation within reason, as
the grade crossing eliminations under the present law
practically await State aid before they are undertaken.

696 Public Papers of Gtoveenob Sulzek

The State will soon have to face the proposition of
having some uniformity, in regard to its method of
handling the elimination of grade crossings. In the
past, legislatures have made appropriations of differ-
ent amounts, and in a number of years have made no
appropriations whatever, and instead of the number of
grade crossings being lessened, they are necessarily,
on account of the construction of new roads, increasing
in number. The entire Grade Crossing Law should
be revised and rewritten, and some provision should
be made requiring the railroads, at their own expense,
to eliminate a certain number of grade crossings each
year. This has been done in other States, particularly
in Connecticut, Vermont, and in a number of the west-
ern States, and similar legislation should be enacted
here. In view of the condition of the State 's finances
we recommend the sum of $300,000 only be allowed
each district, and that a special bill be enacted pro-
viding that sum.

HEALTH OFFIOEK OF THE PORT OF NEW YORK

The appropriations for the year 1912 were :

Appropriation bill $245,740 00

Supply bill 90,250 00

Total $335,990 00

Amount asked for in 1913 :

Appropriation bill $311,780 00

Supply biU 50,000 00

Special bills 1,953,000 00

Tota;l $2,314,780 00

The health officer of the Port of New York testified
before our Committee that the buildings now owned by

Removal Pkocebdings and Investigations 697

the State of New York on Swinburne and Hoffman
islands, in New York harbor, were in need of very ex-
tensive repairs, that new buildings are needed and
that it would cost approximately $2,000,000 to put»this
quarantine station in proper condition. He also asked
for a large increase in his maintenance items.

We are of the opinion that no moneys whatever
should be expended this year for new buildings, and
therefore that all the items in the special bill should be
disallowed.

We are also of the opinion that the sum of $289,680
will be sufficient for the maintenance of this Depart-
ment during the next fiscal year, a decrease over 1912
of $46,810. Upon the hearing the health officer further
testified that in his opinion the foes charged for inspec-
tions and fumigation of incoming vessels are too small,
and, at our request, he submitted to us a schedule of
higher fees w'hich he estimated would result in increas-
ing the revenues from $105,789.73 to ,$205,509.46. We
have heretofore approved these recommendations for
increased charges, and have prepared and submitted
to the Legislature a bill authorizing this change.

CIVIL SERVICE COMMISSION

The appropriations for the year 1912 were:

Appropriation bill $59,060 00

Supply bill 2,600 00

Total $61,660 00

Amount asked for in 1913 :

Appropriation bill $61,460 00

An increase of one new employee at a sala,ry of
$2,400 was asked for by the State Civil Service Com-

698 Public Papers ov Gtoveenob Sitlkeb ■

mission, but we do not believe* that this employee is
necessary at the present time. In our opinion the sum
of $56,160 is sufficient to maintain this Department,
which is $5,500 less than the appropriation of 1912.

COMMISSION ON UNIFORM STATE LAWS

The appropriation for this Department in the year
1912 was $2,500 and the; amount asked for this year is
$5,000. We do not know of any reason why this appro-
priation should be increased, and recommend that there
be allowed only the sum of $2,500.

HEALTH DEPARTMENT

The appropriations for the year 1912 were :

Appropriation bill $182,420 00

Supply bill 16,090 49

Total $198,510 49

Amount asked for in 1913:

Appropriation bill $204,500 00

Supply bill 32,000 00

Total $236,500 00

We recommend that the amount of $160,300 be al-
lowed, a decrease from the 1912 appropriation of
$38,210.49.

LABOR DEPARTMENT

The appropriations for the year 1912 were :.

Appropriation bill $380,140 00

Supply bill 4,425 00

Special bill 2,850 00

Total ; $387,415 00

Ebmoval Pkoceedings and Investigations 699

On aeeount of the new legislation reJorganizing this
Department which has been introduced and undoubt-
edly will become law, a great amount of additional
work will be committed to the Department and»this
Avill require a reorganization of its force. We would
recommend that a sufficient amount of money, outside
of the salaries named in the bill, be allowed this year
in the supply bill, instead of putting the same in the
different graded lists, so that the Department will
have a right to reorganize itself upon a proper basis,
and in next year's appropriation bill the items can be
intelligently classified. The amounts recommended by
us this year are $371,840, a decrease of $15,575 over
1912.

DEPARTMENT OF PUBLIC WORKS

Steam Vessels Inspection

Under the provisions of the Navigation Law there
are now appointed two inspectors of steam vessels at'
a salary of $3,000 each, together with $1,000' each for
traveling expenses, making a total appropriation of
$8,000.

While there are several vessels upon the inland
waters of the State that are not inspected by the Fed-
eral G-oVernment, which probably require inspection
by State officials, yet the number of these vessels is so
small that the work could be done by one person, and
he should be paid out of the fees collected by him.
Our recommendation is that the number of inspectors
be reduced to one ; that the items in the appropriation
bill be cut out, and that the law be amended so as to
provide that the inspector shall have right to retain
feies to the amount of $4,000, of which amount $3,000
shall be for salary, $1^000 for necessary expenses, and
the balance of said money shall be turned over by him

700 Public Papers of Governor Sulzer

to the Comptroller of tlie State. This will result in a
saving of $8,000 over the appropriation of 1912.

SUPERINTENDENT OF ELECTIONS

The appropriations for the year 1912 were:

Appropriation bill $349,900 00

Supply bill 2,000 00

Total $351,900 00

Amount asked for in 1913 :
Appropriation bill $354,900 00

There was a large amount of unexpended balances
in the funds of this Department at the close of the
last year, and we are of the opinion that the sum of
$292,900 will be sufficient to economically and efficiently
run the Department for the next fiscal year. This is
a decrease from, the 1912 appropriations of $59,000.

The law under which this Department is working is
practically new. For many years each Legislature
vied with its predecessor in inventing new restrictions
upon the right to vote in the city of New York. The
Legislature of 1910 enacted a uniform election law
which extended most of these restrictions to the up-
State districts. It has been disclosed in our exam-
ination .that there is considerable opposition to the
restrictive provisions qf the present Election Law, and
also to certain expenses for printing and advertising
which it puts upon localities. Wliile we believe firmly
that all provisions, and requirements of the Election
Law ought to be unif orai throughout the State, we
hold that it is better public, policy to repeal the un-
reasonable restrictions placed upon the voters of the
city of New York, than to extend these restrictions to
other voters.

Removai, Pbooebdings and Investigations 701

Tliere are now pending in the Legislature certain
amendments to the Election Law, reducing the cost to
up-State counties, which we thoroughly approve, and
the passage of which we recommend.

TAX COMMISSIONERS

The appropriations for the year 1912 were :

Appropriation bill $138,400 00

Supply bill 15,500 00

Total $153,900 00

Amount asked for in 1913 :

Appropriation bill $193,400 00

Supply bill 27,160 00

Total r. . $220,560 00

The work of this Department has been increasing.
We have gone carefully over the figures of the Tax
Commissioners and we believe it is necessary to allow
this Department this year the sum of $223,240, being
an increase oyer the year 1912 of $69,340.

There were twenty-three amendments to the Tax
Law passed in 1911, most of which became operative
in 1912, imposing additional duties upon the Board.
Three of these provide for establishing tax maps in
926 towns; collecting and revising tables of percent-
age from all boards of supervisors; and equalizing
special franchise valuations. Besides these new duties,
the Board has general supervision over local assessing
officers; is a board of review in county equalization
matters; is charged with the enforcement of the Mort-
gage Tax Law; and is required to furnish blanks,
advice and instruction to the assessing officers in 49
cities, 455 villages and 926 towns.

702 Public Papers of Gtoveenob Sulzbe

The duty of equalizing special franchises is the most
important branch of the Department, as the Board
must ascertain the rate of assessment of real property
in every city, town and village in the State, amounting
to 1,430 tax districts in all. In 1912 there were 8,193
valuations made.

WEIGHTS AND MEASUKES DEPAETMENT

The appropriations for the year 1912 were :

Appropriation bill , $26,200 00

Supply bill ; 4,000 00

J . ^ .

Total $30,200 00

Amount asked for in 1913 :
Appropriation bill $36,320 00

This Department originally cost the State the sum
of only $300 per year, but since the advent of the pres-
ent incumbent has gradually increased its f orce,^. until
it now consists of a superintendent, two deputies, two
special deputies and ten other employees, and this year
asks for an appropriation of $36,320.

We believe that this Department has become expen-
sive out of propprtion to its usefulness. Every city
and county in the State has its own sealer of weights
and measures. The duty of enforcing the laws estab-
lishing standard weights and measures, and of prose-
cuting violators of those laws, is imposed upon these
city and county officials, and the power of the State
Department is limited to a general supervision of their
work.

Tiie principal duties of the traveling inspectors of
this Department appear, from the testimony of the

Removal Peooeedings and Investigations 703

Superintendent of Weights and Measures, to be in
instructing local officials in their duties, rendering
theija as^sistance when disputes arise over the accuracy
of , the , standards, and advising how to get evidence
against violators, besides which considerable corre-
spondence is handled in the office.

The proposition that the laws against the use of
fraudulent weights and measures should be rigidly
enforced is agreed to by every one, and that great im-
provement in conditions has resulted in recent years
from the agitation of this subject must also be con-
ceded, but we belieye that the correct policy of the
State would be to hold local authorities strictly respon -
sible for the perforniance of their duties, rather than
to maintain large and expensive State bureaus first to
instruct them and then to watch them while at work.
We recommend that the sum of $14,050 be allowed this
year, a decrease over 1912 of $16,150.

STATE ATHLETIC COMMISSION

The appropriations for the year 1912 were :

Appropriation bill $7,300 00

Supply bill 2,750 00

Total . . $10,050 00

The act creating this Department expressly pro-
vides that the expense of administration shall not ex-
ceed the sum of $5,000 per year, and the appropria-
tions last year were in excess of the amount fixed by
the statute. The fees collected last year were con-
siderably in excess of the statutory allowance, but
unless the act is amended the sum of $5,000 is all that
can be appropriated, a decrease of $5,050 over 1912.

704 Public Papers of Goveknok Sulzeb

institute fob the study of malignant diseases

The state has erected a building in the city of Buf-
falo for the use of the " Institute for the Study of
Cancer and Malignant Diseases," and the building
erected under the appropriation of 1912 is now nearly
completed. It is necessary, of course, that this build-
ing shall be finished, its equipment installed and its
maintenance provided for. This will require an appro-
priation this year of $85,275, as against appropriations
last year of $96,400.

While this institution does effective work, and its
object is commendable, it should never have received
an endowment of State funds, and it is another exam-
ple of the careless way in which burdens bave been
heaped upon our taxpayers.

THE BOAED OF EXAMINEES OF FEEBLE-MINDED CEIMINALS
AND OTHEE DEFECTIVES

By chapter 445 of the Laws of 1912, this Board was
created for the purpose of making an examination of
feeble-minded criminals, and other defectives, arid it
has very important and enlarged powers. In our
opinion, this is an experiment on which the State
should never have entered. It is one of many classes
of work that is being continually urged on the State,
involving large expenditures of money. This policy,
if continued, will eventually bankrupt the State. As
this Board has not yet received any appropriation for
its work, we believe that this is the right time to stop
and that the act should be repealed.

BOAED OF POET WAEDENS OF THE STATE OP NEW YOEK

This Board, consisting of nine members, appointed
by the Grovernor, has cognizance of certain matters

Remoyax. Proceedings and Investigations 705

connected with vessels arriving at the port of New
York. Their compensation is provided for by fees col-
lected from ship-owners.

The State ought not to be called upon to make any
specific appropriation. We, therefore, recommend
that none be allowed.

. INTERSTATE BRIDGE COMMISSION

In the proposed appropriation bill this Commission
asks for the sum of $27,860. A special bill, however,
has been introduced to provide for their expenses in
connection with the work for the interstate bridge, and
we recommend that this item be taken out of the appro-
priation bill.

EDUCATIONAL

In the Comptroller's tabulation of appropriations
for education purposes there are included amounts
for the Department of Education, the maintenance of
the School of Ceramics at Alfred University, and for
the su;pport and instruction of the blind, deaf and
dumb in various institutions. The total appropria-
tions in 1912 for these three, subdivisions were :

Department of Education and Normal Schools,

: Appropriation bill $7,392,440 00

Supply bill 153,581 40

Special bills (including amounts
for completion of building and
pureha,se of books for library) . 1,588,000 00

Support and, Instruction of Blind, Deaf andDui(nb :

Appropriation bill $191,984 ,89

Supply bill 30,888 00.

23

9,134,021 40

222,872 89

706 Public Papers or Goveenoe Sulzer

School of Ceramics at Alfred University :

Appropriation bill $13,350 00

Supply bill 25,800

$39,150 00

Total ; $9,396,044 29

The amounts asked for in 1913 are :
Department of Education and Normal Schools:

Appropriation bills $7,761,870' 00

Supply bill 207,205 00

Special bills 730,000 00

$8,699,075 OO

Support and Instruction of Blind, Deaf and Dumb :

Appropriation bill $389,740 00

Supply bill 39,811 09

429,551 09

School of Ceramics at Alfred University :

Appropriation bill 16,400 00

Total $9,145,026 09

Included in the schedule of appropriations requested
by the Department of Education this year is a special
bill providing $700,000 for the purchase of books for
the State Library.

Inasmuch as a large part of the amount appropri-
ated last year was not expended, and there is now
stored in the basement of the new Education Building,
a considerable portion of the books that were pur-
chased, we believe that the sum of $100,000 will be a
sufficient sum to appropriate this year to provide all
the new books the library force can properly care for.
If our recommendation is approved by the Legislature,
the reduction in this item will, therefore, be $600,000.

Your Committee recommends that the following

Removal Proceedings and Investigations 707

appropriations of funds will be sufficient during the
coming year :

Department of Education and Normal Schools':

Appropriation bill . . ..' $7,385,780 00

Supply ■ bill ........ I ■. 164,705 00

Special bills 130,000 00

$7,680,486 00

Support and Instruction of Blind, Deaf and Dumb :

Appropriation bill $279,570 69

Supply bill, ; 39,81100

- 319,38169

School of Ceramics at Alfred University .■ ,

Appropriation bill 13,500 00

Total $8,013,366 69

Your Committee could not in the very brief time at
its disposal make an exhaustive examination of the
numerous branches of work conducted by the Depart-
ment of Education. Our Chief Examiner was allowed
by the Committee only a few days to superficially in-
quire into the general plan of administration, in which
task he was afforded generous assistance by the officials
of the Department, but we realized that a thorough
examination would require several months and, there-
fore, went only far enough to enable us to understand
the purpose of the various divisions, so as to intelli-
gently consider and decide upon the lowest- amount
necessary to be appropriated.

The Committee itself also made an inspection of the
new Education Building, conducted public hearings
and had many conferences with officials of the Depart-
ment this year.

As a result of such examination as we have made,
we are of the opinion that a thorough investigation

708 Public Papebs of Gtoveenor Sulzbb

skould loe 'made to deterriiine the value of several ex-
pensive features of the work, generally established by
special acts of the Legislature, and the propriety of
such work being borne by the State ; and also to ascer-
tain if it is not possible to utilize the information
stored in some of the technical divisions for the benefit
of other departments.

The whole subject of the educational work is so
important to the people that we do not believe it should
be dealt with in a superficial wa,y, and, therefore, we
refrain from making any specific recommendations and
merely confine ourselves to the suggestion that the pro-
posed examination be made.

AGEICULTUKE

, The efforts and expenditures of the State to improve
agricultural conditions should properly be classified in
two divisions, namely, protective and: educational.

The protective division now embraces the dijities and
expenditures of the Department of Agriculture, which
also includes such, educational features as Farmers '
Institutes, Farm Bureaus, local county fairs that re-
ceive State funds and partial responsibility for the
management of the State Fair at Syracuse. In this
division should also be put; the Agricultural Experi-
ment Station at Geneva.

. The educational division embraces the activities and
expenditures of the New York State College of Agri-
culture at Cornell, and the secondairy schools of agri-
culture at Alfred University, St. Lawrence University,
Morrisville, Cobleskill and Long Island. Under this
head also may be considered the various efforts to
promote the study and practice of scientific foriestry,
which engages the attiention of the State College of

Removal PKocEEDinrGS and Investigations 709

Agriculture at Cornell, the State College of Forestry
at Syracuse University, and the Conservation Com-
mission.

The total expenditures for all of these subjects
dui-ing the year 1912 were as follows: ♦

Appropriation 'bill $1,137,058 80

Supply bill 607,670 71

Special bills . . i ...;..;. .<.. 887,000 00

Total . . $2,631,729 51

AmQuifts asked for in 1913 :

Appropriation bill $1,599,558 80

Supply bill 1,401,759 38

Special bills 421,000 00

Total .'..:■. $3,422,318 18

In order to properly present the different activities
in this lin« of work it is necessary to discuss them
under their separate heads.

Agricultural Department
The appropriations for the year 1912 were :

Appropriation bill $479,000 00

Supply biU 273,323 61

Special bills , 200,000 00

Total . . $952,323 61

Amounts asked for in 1913:

Appropriation bill $53'7,140 00

Stipply bill 536,000 00

Total . . $1,073,140 00

710 Public Papers of Gtoveenoe Sulzee

We have carefully gone over these figures with the
Commissioner, and believe that the sum of $731,560
will be sufficient to carry on the work of this Depart-
ment for the coming year, ar decrease from 1912 in the
Appropriation and Supply Bills of; $20,763.61. The
specific items connected with these matters will be dis-
cussed later on.

This Department has to do primarily with the en-
forcement of the laws relating to agriculture; dis-
eases of animals; production and marketing of dairy,
products; sanitary conditions under which they are
produced; inspection of all nurseries and nursery
stock; enforcenient of the pure food laws and of the
laws against the fraudulent sale of oleornargarine ;
and the inspection, branding and analysis of manu-
factured cattle feeding stuff and chemical fertilizers.

The organization of the Department at present in-
cludes a first assistant commissioner and seven other
assistant commissioners, located in separate offices in
different parts of the State. After investigation, we
believe that some of these offices are unnecessary, and
that four deputy commissioners would do all the work.
The Commissioner of Agriculture has prepared legis-
lation that will permit him to make the reductions we
suggest and we recommend that it be passed.

The inspection, analysis and branding of fertilizers
and chemical feeding stuff, and the inspection of
nursery stock, involves a large expense. The Com-
missioner of Agriculture has recommended legislation,
increasing the fees to be charged for this service, and
this, with other revenues suggested by him, will make
his Department practically self-sustaining, and we ap-
prove this legislation.

Among the important matters confided to the De-
partment of Agriculture is the examination of cattle

Removal Proceedings and Investigations 711

for tuberculosis, and of horses for glanders^ and the
destruction of animals afflicted with these diseases.
The State pays the owners of tubercular cattle and
glandered horses thus destroyed from 50 to 80 per
cent, of their appraised value. This payment has«now
become a large item of expense, amounting to $250,000
last year, and the whole subject is a difficult one for
the Department to handle. The Committee carefully
considered the matter with the Commissioner, and it
appears plain to us that, for the protection of
humanity, as well as healthy animals, the inspection
must be extended and diseased animals must be de-
stroyed. Since protection to life is the necessity, it
seems to us that the State should not be required to
pay a penalty for removing a menace to life. It is
conceded that cattle completely infected with tuber-
culosis produce infected milk and diseased offspring
and are, therefore, valueless to the owner, and it is also
conceded that horses infected with glanders are with-
out value to the owner. In our opinion no compensa-
tion should be made by the State when such animals
are destroyed. It appears, however, that cattle in
which the disease is localized to only one organ do
produce healthy offspring and thus have a value. The
Commissioner advised that it would be too radical, a
change to completely abolish all payments, and, there-
fore, we recommend that the law be changed so that in
future the payment for cattle having generalized
tuberculosis be reduced to $15 for each animal, the
payment for cattle having only localized tuberculosis
be continued as at present, and the payment for
glandered horses be discontinued entirely. We rec-
ommend the passage of the amendments to the law
prepared and sent to the Legislature by the Commis-
sioner of Agriculture at our request.

712 Public Papers of Gtovernor Sxjlzbr

The State for several years has made an appropria-
tion of $250,000 which has been distributed among
certain fair associations of the State. Formerly the
receipts of the racing associations were used for that
purpose, but upon the repeal of that law, the State ap-
propriations came into existence. We believe that the
time has come when these appropriations should cease.
Section 9 of article 8 of the Constitution provides, that
" neither the credit nor the money of the State shall
be given or loaned to or in aid of any association, cor-
poration, or private undertaking. ' ' The State now is
expending a large amount of money in connection with
its State Fair, and localities should be made to take
care of their own local fairs and should not receive
State aid. These payments to private fair associa-
tions seem to be plainly forbidden by the provisions of
the Constitution as long as the associations are private
corporations, as at present, and in addition it is clearly
inequitable to ask the State as a whole to pay for in-
stitutions purely local in their character.

We do not desire in any way to discredit the good
work undertaken by county fair associations;, but the
provision of the Constitution we have quoted was ex-
pressly designed to prevent the distribution of State
funds to such private enterprises, and its rigid en-
forcement is absolutely neeessary to prevent the tax
upon the people rising higher every year. It will be
necessary this year to appropriate $250,000 to reim-
burse fair associations for premiums paid by them in
the fall of 1912, with the understanding that they
would be reimbursed; but we recommend that the law
should be changed so that all appropriations for this
purpose be discontinued.

For a great many years the Agricultural Depart-
ment has had appropriations for the holding of farm-

Removal Peoceebings' and Investigations 7 13

ers' institutes, which, are purely educational in their
character, and are properly included' in the extension
work in agriculture. A proper division of the func-
tions connected with the agricultural interests of the
State should simply impose upon the Commissioner of
Agriculture the enforcement of the agricultural laws,
and we do not believe that in the future .any work in
regard to teaching or extension work should be undier-
taken by his Department. We therefore recommend
that appropriations for farmers' institutes under the
protection of the Commissioner of Agriculture should
cease.

The present Commissioner of Agriculture has made
important recommendations to us along other lines of
work, and we believe that a reorganization of his De-
partment as he suggests will produce economy, create
revenue and bring the Department to a higher standi
ard of efficiency, and we recommend that the legisla-
tion proposed by him be enacted into law.

New York State College of AgricuUnre at, Cornell

University

This college is one of the land grant colleges of the
country, established^ under the provisions of the Mor-
rill Land Grrant Act, and is supported by the State
government, and also receives some support from the
national government, and is designed to be the real
head of the system of agricultural teaching in the
State. Already the State has expended very large
sums of money in the erection of buildings, and in the
maintenance of this college, and can feel proud of th^
faet that under the direction of Dean Bailey it un-
doubtedly has at present the best agricultural college
in the world.

714 Public Papees of Goveknob Sulzeb •

The importance of increasing the agricultural prod-
ucts of the State is one of our most serious problems,
and is conceded by everyone to be one of the most im-
portant questions now before our people, and all the
support possible should be afforded the State College
of Agriculture to assist in accomplishing this pur-
pose. The increase in the number of students at the
college has been enormous, and to-day there are about
2,000 boys and girls enrolled as students.

The college also does a large amount of work in the
way of assisting individual farmers, and in co-operat-
ing with all the agricultural interests of the State, by
means of farmers' meetings, farm trains, schools in
interior counties of the State, issuing bulletins, and
visits to different sections of the State by members of
its staff, and these activities extend to and reach prac-
tically every important agricultural interest in the
State.

The cost of maintenance is, of necessity, growing
larger each year, and the money must necessarily be
appropriated by the Legislature.

In 1912 the total appropriations in connection with
the New York State College of Agriculture were
actually $788,000, but in addition the board of trustees
was authorized to make contracts for $129,000 addi-
tional, in all $917,000. We recommend this year that
the sum of $600,000 be allowed in the Appropriation
and Supply Bills. This amount includes the additional
cost of maintenance, but does not provide for the
equipment of buildings already erected under the au-
thority of the Legislature. In order to provide pay-
ment for contractual liabilities authorized by the
Legislature of 1912 for new buildings, amounting to
$129,000, to furnish equipment for present buildiiigs

Removal Proceedings and Investigations 715

already constructed or undergoing construction, and
for exteiisions and additions to present buildings and
groups of buildings, the college this year will require
an! additional sum of $334y000, which should be , pro-
vided for in a special bilL We do ndt deem it wise
to recommend the erection of any large new buildings,
until the present group of buildings already under con-
struction is completed.

Secondary Schools of Agriculture

Outside of the State College of Agriculture there
has already been authorized by the Legislature the
creation of five secondary schools of agriculture, one
located at Alfred University, One at St. Lawrence Uni-
versity, one at Morrisville, one at Cobleskill, and one
on Lon'g Island.

Successive Legislatures have established these
schools, and it would perhaps be presumptuous for us
to declare that the action was unwise, but the fact has
come Out very clearly in our examination that these
numerous schools are going to add a great item of
expense to' the State budiget, and the benefit to be de-
rived therefrom cannot yet be estimated to be very
large. They should be confined strictly to secondary
education of agriculture, and should not be permitted
to go into extension or experimental lines of work.

The schools already provided are more than enough
to satisfy all the needs for special education in agri-
pjilture, and no more new schools should be authorized -
by the Legislature. There have already been bills
introdtic^d in the present session to establish five more
of these "schools, and if these are authorized and the
policy continued we may expect that every county in
the State will demand an agricultural school, iqntailing

716 Public Papers of G-ovbenoe 'StrLZEB

a huge additional burden of expense. At the; State
College of Agriculture at Cornell, the State has pro-
vided for the training of teachers of agriculture^ and
th« State should not undertake to do any more. The
common schools in the more populous communities
should utilize the services of these trained instructors,
and by co-operation less populous communities can
secure teachers for at least part of the year for special
classes, and thus the benefits of what the State has
already done can be enjoyed by practically all.

The present secondary schools of agriculture all
have separate boards of managers. , JVIorrisviUe and
CoblesMll and Long Island are controlled by State
boards, and at St. Lawrence IJniversity and at Alfred
University the management is by; the board of trustees
of those universities. The schools are State schools,
but are being treated at present as local in their char-
acter, although they are supported entirely by State
funds. We believe that this system is w:rong, and .th^t
there should be one State board of ,trus,tpes having
control of all the secondary schppls, sp as to provide
for a uniform system of education, and the limitation
of their work ,1^0. t)ieir proper fiinctions, anjd. we .recom-
mend legislation to this ejnd. ,, .,

In 1912 the appropriations for, the. secondary schools
of agriculture were as follows : , ,

Alfred, University ..... ■ $48,550 00

korrisviile ,. 72,427 10

St. Lawrence University 55,000 00

"Long Island (purchase of land) ..'........... I .'/.' J ' 50,000 00

Total $225,977 10

No provision was made for the "CoblesMll School of
Agriculture, thie original appropriation haviii^ been

Removal- Proceedings AND Investigations 717

made in ,191,1, for the purchase of land and erection of
buildings.

The amounts asked for this year and the amounts
recommended by us in connection with these schools
are as follows: *

.' Asl^ed for. Becommended

Al&ed University $71,000 00 $35,000 00

iiorrisville '..., 132,830 00 39,730 00

St. Lawrence University 44,859 38 41,072 15

Cobleskill 76,600 00

A special bill in connection With tibiig Island schools
is now before the Legislature asking for $704,500 f of
construction pufpbses.

EXTENSION WOEK

The educational work in relation to agriculture ,cpn-
sists of the teaching done iii' the State ' College^ and
Secondary Schools, and'the extension work of furnish-
ing agricultural education and agricultural informa-
tion to the citizens of the State in their own homes or
communities. ; , ^

This extension work in connection with agriculture
is of great value to our people. ;It is conducted in
many ways, some of which are farm bureaus, farm in-
stitutes, farm experimental trains, summer and winter
schools, lectures, the issuing of bulletins, etc. This
extension work, in some degree, is now being under-
taken by not only the schools of agriculture but by a
number of the State departments, and- some steps
should be taken at once to centralize the work, so as to
eliminate some of the present duplication of effort and
fexpenfee in connection therewith.

By chapter 785 of the Laws of 1907 there Was
created the " New York State Agricultural Advisory

718 Public Papees of Goveknob- Sulzek

Board," which had for its object the promotion of
agricultunal education and the advancement of country
life, and this. Board was directed to report directly to
the G-overnor on or before the' first day' of E^ebruary.
This Advisory Board is made up of the leading men
connected with agriculture in the State of New York,
and we believe the problems relaiting to the extension
work of the State, and other matters heretofore sug-
gested by us, should be referred to this Board, and
that they should be asked to make a careful study of
the same, aiud to make a report to you with their rec-
ommend^tipns prior to the beginning of the next
Legislaiture, so that proper legislation pan be taken up
for consideration.

STATE FAIR COMMISSION

The appropriations for the year 1912 were:

Appropriation bill « $33,700 00

Supply bill . . . .; ;, 112,000 00

Special bills ,. . 200,000 00

Total $345,700 00

The amounts asked for this year are :

Appropriation bill $34,200 00

Supply bill 124,500 00

T.qtal, ... - $158,700 00

We have gone over these figures carefully and are
of the opinion that the sum of $104,700 is sufficient to
provide the State Fair Commission this year with the
funds necessary to ruii the Department in an efficient
and economical manner.

The State, Fiair Commission is asking for, the appro-
priation of a large amount of money for new buildings

Eemoval. Proceedings and Investigations 719

on tke fair ground at Syracuse, and tkere is no doubt
that the fair would be much more attractive and of
wider usefulness if the buildings are provided. We
believe, however, that the money necessary should be
provided for in a bond issue rather than by direct
appropriations, and we would recommend that this
course be adopted in the future in connection with the
improvements at the State Fair. We would also
recommend that the matter be taken up at once and
the State Fair be completed as soon as possible upon
the plans now proposed.

It has been suggested to us that the policy of paying
the members of the State Fair Commission should be
changed. The interest in this institution is so great
that we thoroughly believe that the best people in-
terested in agriculture lahd manufacturing in the
State can be induced to accept honorary positions on
the board of managers. If the personnel of the Com-
mission were changed so as to pirovide for the appoint-
ment of one member from each judicial (^strict of the
State, such a commission could employ and maintain
a permanent force to take care of the fair grounds
and perform the detail work. We belieye that such a
plan would make the State Fair better known to manu-
facturers as well as farmers, and might result in an
annual exposition of agriculture and manufactures
that would be of great practical value. We recom-
mend that this question be also submitted to. the Ad-
yisory Board of Agriculture for consideration and
report.

NEW TOBK STATE COLLEGE OP FOEESTRY AT SYRACUSE

The aet creating this college provides that the trus-
tees of Syracuse University shall have the naming of

720 Public Papers of Governor Sulzer

a majority of the trustees of this college. An objection
was raised to making appropriations to this institu^
tion on account of such private control of the board of
trustees, but we are advised that an act has been sub-
mitted to the Legislature and is now pending which
amends the charter of the College of Forestry and
provides that the trustees shall all be appointed by the
'Governor, thus giving the State complete control of
the college.

In our examination the dean of this college testified
that they had now enrolled 160 students, arid that the
cost of maintenance must, therefore, be considerably
increased.

In the year 1912 the Legislature appropriated $50,-
000 for the maintenance of this college, and this year
an additional amount is asked for a new building and
for maintenance, but there are also included several
items for extension work, which we believe can be at
least postponed until the organization of the college is
completed.

We have, therefore, recommended that the sum of
$50,000, the same amount as last year, be appropriated
in a lump sumj which will provide for the increased
cost of maintenance of the larger number of students,
and if there is a surplus it niay be used for such other
work as the faculty may decide.

We have heretofore recommended that the general
policy of extension work be referred to the New York
State Agricultural Advisory Board, and we would
also suggest that the question as to the general polic]^
of future extension work in forestry also be submitted
to sanle board for its consideration, and that they be
requested to confier with experts in this line of work
as to said policy. Until a definite policy is established

Removal Proceedings and Investigations 721

we recommend that the Conservation Commission and
other agencies cut down the amount :pf expenditures
for extension work in forestry.

»-

NATIONAL GUAKD

The appropriations for the year 1912 were :

Appropriation bill .'; '.i $598,085 00

Supply bill ; i 156,966 79

Special bills 66,500 00

,,.T.q^^jl, . . ,...,...,... $821,551 79

Amount asked for in 1913 :

Appropriation bill $668,495 OO

Supply bill ..::...;............... 281,599 81

Total ; $950,094 81

Our investigation in this Dgpartinent disclosed the
fact that the former Adjutant-Generar had expanded
large amounts of money in excess of his appropria-
tions, and, without authority, deducted these amounts
so expended from the funds available during the fiscal
year" of 1912-1913, and had depleted these funds to
such an extent that it became necessary for the Adju-
tant-General to ask for the passage of a special bill
appropriating $175,000 for the purpose of immediately
raising funds to maintain his office.

"V\re have carefully gone over the figures for the next
fiscal year, which have been revised by the Adjutant-
General, and we are of the opinion that, in addition to
the special appropriation of $175,000, the sum of
$774,207.48 should be appropriated this year, a saving
from the year 1912 of: $47,344.31, eliminating ;the de-
ficiency bill above mentioned.

722 Public Papers of Goveknob Sulzeb

penal institutions

Connected with the penal institutions of the State
are the following boards and departments :

The State Superintendent of Prisons, who is a con-
stitutional oflScer.

The Commission of Prisons, which is provided for
in the Constitution, now consisting of seven members.

The Board of Parole, consisting of three members,
two of whom are appointed by the Governor.

The Board of Classification, composed of the Fiscal
Supervisor of State Charities, the State Commission
of Prisons, the Superintendent of Prisons and the
Lunacy Commission, in all, twelve members.

The Commission on New Prisons, consisting of five
members.

Each of these commissions, boards and officers have
certain official duties connected with the State prisons,
and, in our opinion, in order to promote efficiency and
economy, all of them should be abolished except the
State Superintendent of Prisons and the Commission
of Prisons, which should hereafter consist of only three
members, and to the new Commission of Prisons
should be delegated all the powers now exercised by
the other bodies proposed to be abolished.

The amounts asked for this year by the commissions
and boards proposed to be abolished are as follows :

Probation Commission $15,250 00

The Commission of Prisons 21,200 00

Board of Parole .9,200 00

Board of Classification 1,700 00

Total $47,350 00

The Commission of Prisons, the Probation Commis-
sion, the Board of Classification and the Board of

Removal Proceedings and Investigations 723

Parole are all now allowed separate office and traveling
expenses, and each have a number of employees which,
in a wa,y, are duplicating their efforts. The Prison
Commissioners are now paid at the rate of $10 a dgy
for each day's service rendered, and their traveling
expenses. We believe that the three new Prison Com-
missioners to be appointed to take the place of the
present members of the commissions and boards as
aforesaid should be paid a salary of $5,000 a year, and
should be required to give their entire time and atten-
tion to the work now performed in a perfunctory way
by these different boards and commissions.

There are only about 4,600 convicts in the State
prisons, and it seems absurd that there should be
boards and officers containing twenty-eight officials
having diversified powers in connection with the in-
mates of these institutions. "By amalgamating these
boards and bureaus a large amount of office ex;peiises,
traveling expenses, and expenses of employees can be
eliminated. ''

The prisons of the State now consist of: Auburn
Prison, Sing Sing Prison, Clinton Prison, Great
Meadows Prison, Dannemora Hospital for Insanfe,
Matteawan Hospital for Insane Criminals, the Prison
for Woinen, the State Farm for "Women.

New Prisons

There is at prje8fint,and liasibeen in the past an agita-
tion in favor of building a new prison near the city
of New York, and the . 3l?andonmen,t pf Sing Sing
Prison.

We have not ha^i time to make a very careful study
of this sitiiation, but it seems clear that Sing Sing
Prison is antiquated and unsanitary, that the land

724 Public Papers of Goveknoe StiIiZBB )!

upon which it is located is too restricted in area and
no more can be procured, and that, therefore, a new
prison ought to be located upon a tract of land of
enough acreage to employ the labor of some of ihe
prisoners in farm work.

At Wingdale the State already owns a large tract: of
land which is valuable. A contract for building a
prison on this site was awarded in 1910,^ but cancelled
in 1912, and large damage paid to the contractors.
Some statements were made to us about the circum-
stances surrounding this abandonment which we did
not have time to investigate, nor did we have time to
personally inspect the site We are convinced, how-
ever, that tlie site ought not to be permanently aban-
doned without further investigation by the Legisla-
ture. Either, at Wingdale or some othe!r-^place accessi-
ble to New York city a modern prison ought to be con-
structed, and the proper location should be determined
at once. ,.; ■.. -r. -,-•-:.:, ~ i;j '.--' ■ ■-;

Our attention has also been called to th^ proposed
prison farm for women at Valatie., A large tractof
land has been purchased and plans have been prepared
for the erection of a large niijUiber of cottages. This
proposed prison farm will require the expenditure of
about $3,000,0p0., . ' . ,^..

Before any more money is spent in connection with
this proposition, we believe, that a most thorough inves-
tigation should be made as to the cost of the comple-
tion of this prison, the advisability of constructing the
same, and whether or riot some plari can be adopted
that will secure all the benefits promised for a smaller
expenditure.

We suggest that all buildings in connection with the
proposition be abandoned until it is definitely s'^ttled
as a State policy as to what shall be the riaethods of

Ebmoval Proceedings' and Investigations 725

construction adopted. There are no buildings com-
pleted in which inmates can be housed, but there is a
warden and some employees, and the warden's resi-
dence is completed. The Legislature is asked to^ap-
propriate the sum of $30,000 tor maintenance and
repairs. We recommend that the warden and all the
employees be discharged- and the property be placed
in charge df a caretaker at an expense of not to exceed
$1,000 a year.

' ""■'"■'>'. Prisons should he Self-sustaining

,The most iiU^ortant proposition connected with the
prisons is the problem relating to ihe cost of ihain-
tfenance.

It is the judgment of many pirevious investigator's,
and also pur own, judgment, that the industries in the
prisons ^houlid be so organized that the prisons would
be ,self-sustaining.j Du,ring our examination both Mr.
F. H. Mills, the Sales Agent, and the Superintendent
of Prisons testified that in their opinion the prisons
<3an be made self -susia,iningj except that the present
theory of the law, as they cons.trued, it, requires that
more than. one-half of the prisoners, be kept upon un-
productive work for the purpose of giving them' such
industrial training that they would be enabled to earn
a living Vt^n they are released, and for th^t purpose
there had been created in tte prisons a large number
of different industries as training schools which were
in tljemaelyes a source of expense and not of profit.
The present provisions of. tlie statute would seem to
indicate that the Superintendent of Prisons should
employ the men who are serving first ter^hs along the
lines of indu^.irial training and .instruction. The inter-
pretation placed upon this statute by the Superintend-

726 Public Papers- of Goveenok iSuiiZEE

ent was that he was compelled to teach these prisoners
technical trades. In our judgment he: might just as
well: have construed the statute that teaching this class
of prisoners modern methods of agriculture would bet-
ter fit them for the task of earning an honest living
when they are released than an attempt to,, teach them
an industrial trade would do.

We are also of the opinion that a very careful study
should be made of the utilization of prisoners in farm
labor whereby the needs of not only the Prison Depart-
ment but of other, ^tate institutions for farm products
should be supplied.

Under the present law all municipal bodies of the
State are required to purchase of the prisons any
articles made in the State's prisons, and there are a
niimber of industries now connected with these institu-
tions. With a careful study of the demands of public
institutions there is no reason why the manufacturing
industries of the prisons should not be placed upon the
basis of supplying the demands for such things upon
which a fair profit could be made. We recommend
that, if necessary, legislation be enacted providing for
the working of the prisoners in the! State institutions
for the purpose of making them self-sustaining.

The State hospitals for the insane last year paid out
for butter alone approximately the sum of $400,000,
and the dairy products used, in the State hospitals,
charitable institutions and prisons undoubtedly a!mount
to more than $1,000,000 a year.

If dairy products could be produced upon the State
farms with convict labor, there ought to be an enor-
mous saving made in these articles, and the inmates
who would be employed in, doing this class of work
would be greatly benefited, if employed out of doors.

At present the earnings of the prisons are carried

BeMOVAI, PEOCBEDI]SrGS AND INVESTIGATIONS 727

in an account known as " The Prison Capital Fund,"
and from time to time the' surplus of these earnings
is paid into the general funds of the State. "We are
of the opinion that these earnings should be applied
toward the cost of maintenance, and that legislation
should be passed permitting their use for that purpose
under proper restrictions.

We desire also to call particular attention to another
fund known as ' ' The Convicts ' Deposits and Miscel-
laneous Earnings Fund." In this fund is deposited
the money which convicts have when they enter the
prisons, and there is credited their earnings during the
time they are in the prison. At present these funds,
so far as we can learn, are subject to no audit whatever.

STATE HOSPITAL COMMISSION AND STATE CHARITABLE
INSTITUTIONS

At present in this State there are fourteen hospitals
for the insane, and twenty-one institutions under the
charge of the State Board of Charities. In addition,
the State also contributes to the support of eleven
institutions for the care of the blind, deaf and dumb.

Each and every one of these different institutions is
governed by a board of managers appointed by the
Governor, and these boards of managers are in a way
practically independent of control by any State body,
and have practically the charge oif the expenditures of
State funds, the employment of labor in the institu-
tions, and direct the general policy of the institutions.

The State Hospital Commission, appointed by the
Governor, has only advisory power over the State hos-
pitals and the expenditure of some of the funds con-
nected therewith. The State Board of Charities has
only advisory powers over the State charitable institu-
tions, and w'hile there is a Fiscal Supervisor of Char-

728 Public Papebs of Goveenoe' Sulzbe

ities, who arranges for the purchase of supplies by
contract, his sole power relates to the procuring of
bids, and he has very little to do with the amount of
supplies purchased- or the paying for the same..

The deaf, dumb and blind institutions are practically
all private institutions to which the State contributes
for the support of inmates committed thereto. The
cost to the State of these different institutions is grow-
ing tremendously in amount, and this year the State
hospitals are asting for the sxun of $11,792,704.54.
The charitable institutions are asking for the sum of
$5,082,244.50, and the blind, deaf and dumb institutions
are asking for $429,551.09.

State has Little Control over Expenditures
Over the control of the expenditure of these enor-
mous sums of money the State directly has practically
very little, if anything, to say, and it is extremely
necessary that these .institutions be combined under
some general State head whereby the State itself will
direct the policy of the institutions and the expenditure
of the moneys appropriated.

The boards of managers connected with these insti-
tutions generally look upon the institutions as being
local in character, and are continually demanding enor-
mous sums of moniey for new buildings, improvements
and betterments-, and additions of land thereto. The
cost of housing the inmates under present conditions
is enormous, and the cost of maintenance is also very
high. With a State policy securing entire supervision
and control, we thoroughly .believe that great savings
can be made and that problems effecting economies
and efficiency can be satisfactorily solved.

At present while the State Lunacy Commission has
a purchasing board, yet the evidencei before us showed

Eemoval Proceedings and Investigations 729

that at least 25 per cent, of the supplies were bought
by the stewards of the local institutions in the local
markets, with no direct State ■ supervision over the
same. This has resulted in many abuses in the past,
and the practice is to be condemned. "^

The State charitable institutions in some way ought
to be consoliiiated. There are entirely top many sepa-
rate State institutions in which a small number of in-
mates are cared for at a large per capita cost.

New Hospitals Required
The State Hospital Commission reported to us that
the State hospitals for the insane are greatly over-
crowded, and we have had an investigation made and
find that these facts stated to us are correct. It is
absolutely necessary that in the immediate future the
State should build at least one or possibly two large
institutions for the care of the insane. At present it
is contemplated using the site at Oreedmoor, formerly
used by the State as a rifle range, which has been trans-
ferred over to the State Hospital Commission. In our
opinion it would be absolutely unwise to use this site
for such purpose. The site in question is a long, nar-
row strip with a wide parkway through the center, and
does not lend itself to the erection of buildings in suit-
able groups. The land itself is of large value and
could be readily sold, and if the State desired to buy
land adjacent, the price would be practically prohib-
itive. In our opinion this land should be sold, and a
large tract of land purchased at some other place suit-
able for the erectioh of a large hospital. There are
at present confined in the State hospitals a great num-
ber of foreign insane, who are not able to speak the
English language, and an institution should be pro-
vided where they could be grouped according to nation-

730 Public Papers of Govbrnob Sulzer

ality and taken care of by people who speak their own
language. If this were done it would relieve the con-
gestion in the other State hospitals, and we are of the
opinion that this matter should be given careful con-
sideration before any new State hospitals for the in-
sane are built.

Mandatory Increases in Wages
We also desire to call your attention to legislation
that was passed in the year 1912 providing for an
increase in the wages of the employees in the State
hospitals. This statute is mandatory and only applies
to State hospitals, and if it is to be continued will
result in a demand on the part of all the institutions
for like increases in salaries. The increases in the
wages of employees in the State hospitals, becoming
effective April 1, 1913, will amount to the sum of
nearly $265,000 annually. The State Board of Char-
ities are now insisting that its employees should be
paid the same rate of wages that is paid in the State
hospitals, and that if the wages are not raised they
will not be able to keep their trained employees.

DEPARTMENT OF PUBLIC BUILDINGS

The appropriations for the year 1912 were :

Appropriation bill $253,350 00

Supply bill 97,130 58

Total $350,480 58

The amounts asked for in 1913 were :

Appropriation bill $258,350 00

Supply bill 17,800 00

Total $271,150 00

Removal Pkoceedings and Investigations 731

We have gone carefully over; these items and they
include for this year the cost of, operating the new
power house and electric light plant recently con-
structed by the State, and we are of the opinion that
the sum of $255,130 should be allowed for the year
1913, which is a reduction over 1912 of $95,350.58.

• COIjfSEKVATION, COMMISSION

At present this Department is organized with three
commissioners haying a §;a,lary of $10,000 each; three
deputy coinmissioners at a salary of $3,500 each; three
confidential secretaries to the commissioners at a sal-
ary of $2,100 each; three confidential stenographers at
a salary of $1,500 eaph ; a counsel at a salary of $7,000 ;
an assistant (counsel at. a salary of $5,000 ; a secretary
at a salary pf $5,000 ; an assistant secretary at a salary
of $3,000; a publicity agent at a sala,ry of $4,200, and
an assistant publicity agent at a salary of $1,800,
amounting in all to $77,300, besides a full corps of
subordinate employees.

This Commission contains three divisions, namely,
a fish and game division, a forest division, and an
inla,nd waters .division. Each of the separate divisions
has various bureaus. In our opinion this Department
has too large an overhead charge, and a saving of at
least $45,000 a year could be made by providing for a
single-headed commission, with one deputy in charge
of each division, a general secretary for the entire
Commission, and an advisory counsel to the Commis-
sion, and we recommend legislation to this effect.

We have prepared and herewith submit a bill to
reorganize this Commission on this basis.

The division of inland waters has a very large engi-
neering force, and has been expending a large amount
of money in the examination of waterpowers, and
advocating that the State develop the energj^ of these

732 PuBLiic .Papers of Gtovernoe Sulzeb

waterpowers. '• Until this is adopted as a State policy,
the Department is not justified, in our opinion, in large
expenditures, and we recommend that this work be con-
ducted more economically until the policy of the State
is determined.' ^ : ; -

The Conservation Oommissiohat present has juris-
diction over the marine fisheries of the State, and the
entire work connected with these industries is located
in and around the city of New York. A la!rge delega-
tion of oyster growers appeared before our Committee
arid complained that their industry had suffered be-
cause they could not get prompt attention to their
needs, particularly in regard to the inspection of their
beds and thfe surveying and establishing of boundary
lines. We inqiiired into the situation and found that
this inland fisberies bureau receives a sufficiient revenue
from fees to support a separate department, that the
oyster industry amounts now to a business of about
ten millions of dollars a year, and that the New York
oyster growers are discriminated against in the market
because they cannot at present furnish certificates as
to the purity and healthfulness of their product. "\Ye
believe that a very large business industry will be best
served by separating riiarine fisheries froria the Con-
servation Department, and Ave have recommended
legislation to accomplish this purpose.

PIEE MARSHAL

The appropriations for the year 1912 were :
Appropriation bill .' . . i ..';..'. $119,020 00

Amount asked for in 1913 : '

Appropriation bill . : $155,720 00

Supply bill 16,104 08

Total $171,824 08

Removal Proceedings and Investigations 733

In our . opinion, after going carefully over these
figures, we believe that the sum of $109,020 will be
sufficient to maintain this Department for the coming
year, a saving from 1912 of $10,000. We particularly
desire to call the attention of the Legislature to the
fact that the Fire Marshal has made, we believe, very
radical recommendations in regard to expenditures of
money by State institutions, and which, if carried but,
will call for the expenditure of a very large sum of
money. The different institutions are complaining to
us that these requests are unfair and the amounts
should not be allowed, and we suggest that some care-
ful study should be made of this situation before such
large amounts of moneys are expended.

eeseevations, parks and buildings

The State of New York is now the owner of a large
number of parkSj reservations, buildings, cottages,
mansions and monuments. Some of these reserva-
tions and parks are . under State boards, and some
under private control. The names of these institutions
are as follows:

Niagara Reservation, Saratoga Reservation, Stony
Point Reservation, Watkins Glen Reservation, Fire
Island Park, Lake George Battle Ground Park, Grant
Cottage, Schuyler Mansion, Sir William Johnson Man-
sion, Saratoga Monument, Sullivan Monument, Wash-
ington Headquarters, Phillipse Manor House, Clinton
House, John Brq^vn Homestead, Crown Point Resejrya-
tion. Senate House (at Kingston). '

It was with exceeding difficulty that your Committee
were able to determine the different boards and bodies
having control of all these different properties, and
as long as the State is called upon to provide funds

734 PuBLio Papers of Gtovmsnob i Sulzer

for their care and preservation, they ought to be all
under State management. In our opinion, the proper
department to have charge of these properties is the
Conservation Commission, in connection with other
State lands over which it now has jurisdiction, and we
recommend legislation to that ieffeet.

STATE ENGINEER AND SURVEYOR

The appropriations for the year 1912 were :

Appropriation bill '.: $36,990 00

Supply bill , . . i .i; 20,115 00

Total ,.. $5,7,105 00

Amount asked for in 1913 :

Appropriation bill .,. . . ... . . $37,345 00

Supply bill . . ^ .'. ;..... 23,500 00

Total , . ., $60,845 00

The principal cost of the work in the office of the
Engineer and Surveyor is in connection with the new
barge canal, which is paid for out of the bond issue,
and so far as the appropriation and supply bills are
concerned, we believe that the sum of $55,845 will be
sufficient to maintain this Department for the coming
year, a saving from 1912 of $1,260.

STATE ARCHITECT

The appropriations for the year 1912 were :

Appropriation bill ., , $120,890 00

Supply bill ......'.';.y. ;: 7,500 00

Total ....:..... ;. $128,390 00

Removal Proceedings and Investigations 735

Amounts asked for in 1913 :

Appropriation bill $173,080 00

Supply bill 12,800 00

Total $185,880, 00

The Department of the State Architect was one of
the first taken up for examination by your Committee,
and this examination necessarily included the examina-
tion of the contracts for rebuilding that portion of the
State Capitol v^Mch was destroyed by fire. As soon
as we began the inquiry it was apparent to us that the
whole method of the administration of this ofiice and
of these contracts needed a most careful examination
by experts who had the technical knowledge of build-
ing, to properly appraise the value of the work that
was being done and the value of the work that had been
done. From our superficial examination in the begin-
ning it appeared that the methods of conducting this
work were at least open to question. We, therefore,
suggested to you that the work upon the Capitol be
suspended and that an expert committee be appointed
to examine. As a result of our suggestion you ap-
pointed a committee of architects, and the disclosures
as to conditions resulted in your removal of the State
Architect, justifying our apprehension, and the work
of examination into the contracts is still in progress.

After we received the report of this expert com-
mittee, which justified our opinion that there had been
grave abuses connected with the administration, we
resumed the taking of testimony, which disclosed the
fact that there were certain circumstances connected
with the award and administration of these contracts
which caused us to report to you that the Attorney-
General should be requested to take the whole matter
under advisement in order to protect the interests of

736 Public Papers of GovBEiiroE Sulzeb

the State. We believe that the facts disclosed show
a condition so .suspicious that this examination should
icontinue, either by the Attorney^General or a special
comnais'sioner appointed, until the entire truth relating
to the matters we have disclosed be ascertained and
such action takeji as will not only protect the iiiterests
of the State, but, if necessary, punish those who have
been guilty of wrongdoing.

Your Committee is firmly of the opinion that open
or percentage contracts on State work are always dan-
gerous and an invitation to extravagance. It was
probably necessary to begin this work on a percentage
basis immediately after the fire, particularly the clear-
ing away of the debris and the cleaning and replacing
of certain burnt portions of the stone work, but we are
of the opinion that this method should have been dis-
continued before now, and that if it is possible, legally,
the percentage contracts should be terminated at once,
estimates made of the amount of work still to be done,
and that the State secure competitive bids and let the
remainder of the work on the basis of the J)r6posals
received to the lowest bidder.

We believe that the sum of $113,910' will be sufficient
to maintain this Department for the coming year in
the regular appropriation bill. The last incumbent
of the office depleted the funds available for this year
to a large extent, and it will be necessary to ask for
additional moneys in the Siipply bill on tliat account.

PUBLIC WORKS DEPARTMENT

The cost of maintaining this Department in connec-
tion with the operation of canals in the year 1912 was :

Appropriation bill . $978,062 00

Supply bill : 68,500 00

Special bi,Us > ., 240,000 00

Total ; $1,286,562 00

Removajj Pkogeedings and Investigations 737

Besides these amounts, there was special work dele-
gated'to this (Department for which there was appro-
priated during the year 1912, $52,249.95.

The present demands are :

Appropriation bill .... ..:.:..>. $1,056,862 00

Supply hill :. , ; ■ 20,000 00

Special bills : 18.5,000 00

Total $1,261,862 00

We believe that the sum of $i,0€!0,109 is sufficient to
maintain this Depa,rtment for the coming year, an
increase over 1912 of $13,547,

BANKING DEPARTMENT

The appropriations for the year 1912 were:

Appropriation bill .■ .' .' : . $214,950 00

Sut>ply bill ................... >..J J.......;;': 28,153 33

Total $243,103 33

Amounts asked for in 1913:
Appropriation bill , $221,590 00

total $221,590 00

We believe that the sum of $216,090 will be sufficient
to maint9.in i t^iis Department for the coining year, a
saving fjom 1912 of $27,013.33.

The entire. expense of the Banking Department is
assessed upon the banks and other financial corpora-
tions supervised by the Department, and the annual
appropriations by the Legislature, therefore, merely
authorize the Department to contract certain expenses,
and do not represent an actual outlay of State funds.
24

738 Public Papbes of Goveenok Sulzer

In making our investigation it became evident that
the failures of so many State banking institutions re-
sulted not only from remissness in the execution of
law by past administrations, but also from defects in
the law itself. It also appears that, while efforts had
been made from time to time to remedy these defects,
the results of this desultory legislation was not satis-
factory, and many defects still exist.

In order that the State of New York may have a
clear, concise and comprehensive banking law adapted
to present conditions of finance, we recommend that
the Superintendent of Banks be authorized to appoint
a commission of five or more persons having a tech-
nical knowledge of banking law and a practical knowl-
edge of present banking methods to revise the banking
laws and submit to the next Legislature a complete and
comprehensive statute which will eliminate the abuses
that have existed in the past and prevent any recur-
rence of such conditions as led to the failure of the
Union Bank of Brooklyn and other institutions. While
the commissioners themselves should serve without
pay, we recommend that the sum of $50,000 be appro-
priated for the purpose of paying the expenses of sucb
commission and the employment of expert assistants.
If this recommendation is adopted, we believe that tbe
Banking Law of the State of New York will hereafter
serve as a model, not only for the future laws of other
States, but to some extent for the national government.

There are, however, some defects in the present
Banking Law and in the provisions of the Penal Law
relating to the conduct of the officers and directors of
such institutions wbich are so evident that the present
Legislature should, in our judgment, take immediate
action for the protection of the citizens of the State.

Removal Pboceedings and Investigatiojsts 739

At our request, the Superintendent of Banks has
caused to be prepared by his legal adviser the follow-
ing legislation, which we recommend for immediate
passage :

1. An act to create a commission to revise the Bank-
ing Law and making an appropriation therefor.

2. An act to amend the Banking Law, in relation to
books and accounts of corporations organized under it.

3. An act to amend the Banking Law, in relation to
the powers of the Superintendent of Banks.

4. An act to amend the Banking Law, in relation to
loans by a corporation organized under the Banking
Law to its incorporators or shareholders to enable
them to pay for, hold or purchase the shares of such
corporation.

5. An act to amend the Banking Law, in relation to
examinations by boards of directors of banks and trust
companies and reports thereof.

6. An act to amend the Banking Law, in relation to
the purchase of notes, bonds or other evidence of in-
debtedness secured by mortgage or other lien upon
real estate upon which there is any prior mortgage,
lien or incumbrance.

7. An act to amend the Penal Law, in relation to the
misconduct of officers, directors, trustees or employees
of banking corporations.

8. An act to amend the Penal Law, in relation to
falsification of books, reports or statements of corpo-
rations subject to the Banking Law by an officer,
director, trustee, employee or agent thereof.

A list of some collateral upon which loans were made
in the now defunct Union Bank of Brooklyn, which
appears hereafter in this report, affords eloquent argu-
ment in behalf of the passage of these laws.

740 Public PAPiERS of Goveknoh Sulzer

UiSriON BANK or BROOKLYN

As a result of an appeal made by a committee rep-
resenting the depositors of the Union Bank of Brook-
lyn, and by the Grovernor referred to the Committee of
Inquiry, we made a special investigation into the
causes for the failure of that institution, into the
methods of liquidation pursued, and with reference to
the present condition of its assets.

A hearing was hield in Brooklyn on a Sunday after-
noon, which was attended by a lairge number of the de-
positors, and another hearing was held iii Albany,
which was attended by a comtiiittee of the depositors,
the State Superintendent of Banks and many mem-
bers of the Legislature. Hon. Louis Goldstein pre-
sented the complaint of the depositors and Special
Deputy Superintendent Dodgei told of tlie efforts of
the Banking Department to realize cash upon the so-
called assets in the defunct banks.

It appeared at the hearing that the Union Bank
failed in 1907, was permitted by the Banking Depart-
ment to reopen in August, 1908, and was again closed
in April, 1910. At the time of the second closing the
bank audits seven branches had 20,000 depositors, who
had deposits a,ggregating $3,600,000. Up to the
present time these depositors have been unable to re-
cover any of their deposits, because of the heavy in-
debtedness of the bank when it closed and because a
very large part of the alleged assets were in the form
of worthless unsecured notes.

It was not until July, 1911, more than a year after
the second closing, and after there had been a chajige.
in the administration of the Banking Department and
the present Superintendent took office, that proceed-
ings were begun against those responsible for the

REittovAi, Proceedings and Investigations 741

management of the bank. A public investigation was
begun in July, 1911, and through, the efforts of the
present Superintendent of Banks and his deputy,
Edward L. Dodge, assisted by Louis Goldstein, counsel
for the association of depositors, 700 witnesses were
examined, various ofiicials and directors were in-
diqted, and several have been convicted and sentenced
to prison.

It developed in this examination and before our
Committee that the Banking Department permitted
the reopening of the bank upon a deferred payment
plan ; — that is, the old depositors agreed to withdraw
th;ea.r deposits in instalments covering a period of
months. To make these payments to the old de-
positors all the bank buildings and all other unincum-
bered property of the bank was mortgaged, and loans
secured aggregating $2,006,000. New depositors were
secured, and when the bank closed the second time it
was found that most of the larger depositors caught in
the first failure, including the officers, had withdrawn
all their funds and had thus transferred their loss to
the new depositors secured. It is said that if the Bank-
ing Department had not permitted the reopening of
the bank and. thus allowed no new liabilities to be in-
curred all the depositors would have been paid at least
75 per cent, dividends.

Since July, 1911, the Deputy Bank Superintendent
in charge has been administering the assets, and has
succeeded in reducing the liabilities to ajbout $335,000,
but cannot restore any money to the depositors until
this indebtedness is cleared off. Most of the assets of
any value whatever consist of real estate not easily
salable, and it is doubtful if the depositors ever are
paid much if any dividends.

742 Public Papers op Goveenoe Sulzer

Collateral upon Which Loans Were Made.

The following list of notes now listed as assets illus-
trate the methods pursued in conducting this bank :

Note made by Augustus F. Grardner, for $117,-
257.62. In the testimony it appeared that Gardner
was a clerk, not financially responsible, and that
he was paid $10 a month for signing blank notes,
deeds, bonds, mortgages and other papers at the
direction of an officer of the bank, and that he was
neither a depositor, stockholder nor employee of
the bank.

Note made by Essex & Lee Company, for $116,-
595.52, indorsed by the Onslow-Moore Company
and the Camden Construction Company. All three
of these companies were financially irresponsible,
and the directors were clerks in the office of a
business associate of an officer of the bank.

Note made by Horace Nichols, for $113,247.17.
Nichols testified that he was a day laborer, and
that he signed papers in the same manner as
Gardner did.

Note made by Charles B. Malloy, for $148,-
443.25, with bank stock as collateral. The balance
due on this note is $63,105.50, which is uncollect-
ible, the collateral having been sold. Mr. Malloy
testified that he got nothing for signing this note ;
that the stock put up as collateral for this note
did not belong to him, and that he was not finan-
cially responsible to pay any part of the note.

Note made by George B. Haggerty, for $125,-
728.10, secured by bank stock. The balance due
on this note is $27,228.10, which is uncollectible,
the collateral having been sold.

Removal Peoceedings and Investigations 743

Note made by the Eemsen Bond and Mortgage
Company, for $50,875, which, is absolutely wortli-
less and uncollectible. The company claims that
it received no part of the proceeds. ^

Note made by Randolph Hulsart, for $50,000,
which is absolutely uncollectible and worthless.
Mr. Hulsart testified that he was a carpenter, and
was employed by Gilbert Elliott, at whose request
he signed this note in blank.

Note of $150,000; made by David A. Sullivan
and indorsed by several directors, which amount
still remains unpaid. The directors in their testi-
mony stated that they did not receive any part of
the proceeds of this note.

Note made by Thomas D. Tompkins, formerly a
director of the Union Bank of Brooklyn, for $72,-
370.53. This note represents capital stock not
paid for, and is absolutely worthless.

Note made by William Strasser, formerly a
director of the Union Bank of Brooklyn, for $32,-
625.03, which is absolutely worthless and uncol-
lectible.

Note made by James T. Ashley, formerly
cashier of the Union Bank of Brooklyn, amount-
ing to $14,984.47, which is absolutely worthless
and uncollectible.

Notes were made aggregating over $112,000 by
William C. Damron, formerly a director of the
Union Bank of Brooklyn, all of which are worth-
less and uncollectible.

Note made by Henry B. Hill, for $24,330, which
is worthless and uncollectible.

Notes made by Rechnitz & Potruch, a corpora-
tion, aggregating $56,132.57, which are worthless
and uncollectible.

744 Public Papers of Governob Sulzeb

Edward E. Thomas, former president and di-
rector of the bank, through loans to his associates
and to himself, secured large sums of money, and
still owes the bank $254,087.

F. Augustus Heinze, former director of the
bank, borrowed a large sum of money, $246,000 of
which still remains unpaid.

Note made by the Aetna Development Company,
for $16,335.50, without any security, which is
worthless and uncollectible.

The Metropolitan Holding Company obtained
loans aggregating over $200,000, which up to the
present time have been uncollectible. This com-
pany was organized practically as a dummy com-
pany of the bank.

The Shetland Company borrowed from the bank
approximately $469,000. Capital stock of $100,-
000 belonged to the bank. This company was
also used as a holding company for the bank.

David A. Sullivan, the former president of the
bank, is liable, directly and indirectly, on various
loans, as well as on his liability as a stockholder,
to the extent of $500,000, all of which is absolutely
worthless and uncollectible.

The depositors of the Union Bank of Brooklyn claim
that the former Superintendent of Banks knew, or
should have known, that the bank was insolvent when
he permitted it to reopen.

The present Superintendent of Banks has followed
a policy of conservation of the real estate assets of the
bank which is highly commended by the depositors.
They approve of the manner of the liquidation of the
affairs of the Union Bank of Brooklyn as conducted
and administered by the Superinteiident of Banks and

Removal Peocebdings and Investigations ?45

his deputy, Mr. Dodge, in whom the depositors have
implicit confidence. The depositors vs^ili receive con-
siderably less than fifty cents on the dollar, and there
are no prospects of receiving any dividend for some
time to come.

The disclosure to us of the methods pursued in
wrecking the Union Bank, the escape of many guilty
persons on account of defects in the law, and the
alarming fact that such banking methods should con-
tinue unchecked under State supervision, caused us to
call the Superintendent of Banks into conference, and
with his assistance and that of the counsel for the un-
paid depositors, we have had prepared several amend-
ments ito the Banking Law which should be enacted by
this session of the Legislature, and we have also rec-
ommended that the Superintendent of Banks be em-
powered to appoint experts to draft a new Banking
Law for presentation to the next Legislature.

INSURANCE DEPARTMENT

The appropriations for the year 1912 were:

The appropriation bjll .•■,•;■• i-, ■ • , $416,840 00

Supply bill ,. :.!'.......;: '"22,950 00

Total ; $439,790 00

Amounts asked for in 1913 :
Appropriation bill .......' $440,780 00

Total $440,780 00

There were a number of unexpended balances in this
Department aggregating a large amount, and- we be-
lieve that the sum of $361,584.70 will be sufficient to
maintain this Department for the coming year.

746 PuBuo Papers of Goveenob Sulzeb :

Additional work has been placed upon this Depart-
ment by the passage of new legislation, but we recom-
mend that items covering expenditures necessary to
carry on this work be placed in the supply bill this
year for a lump sum.

The decrease of the appropriatidns this year recom-
mended by us compared with last year is $78,205.30.

HIGHWAY DEPABTMENT

The appropriations for the year 1912 were:

Appropriation bill $63,950 00

Supply bill .' 5,000 00

Special bills 4,466,222 00

Total $4,535,172 00

Amounts asked for in 1913 :

Appropriation bill $73,800 00

Special bills 4,800,000 00

Total $4,873,800 00

The largest part of the expenditure of this Depart-
ment is for the construction of new highways and the
engineering cost in connection therewith, which are
paid for out of the bond issues and do not appear in
the appropriation or supply bills, but only in the re-
ports to the Comptroller.

The next large items appear in special bills and pro-
vide for repairs and maintenance of the State and
county highways and State aid to towns, and the ap-
propriation made directly by the Legislature for the
Bureau of Town Highways in the appropriation bill.

In 1912 there was appropriated for the Bureau of
Town Highways $63,950, and we recommend that this

Removal Pboceedings and Investigations 747

year there be allowed in connection with, these ex-
penditures the sum of $57,950, a decrease from 1912 of
$6,000.

The special bill last year for State aid to towas
amounted to $1,669,000, and this year the amount
asked for is $1,710,000, which is an increase of
$41,000, and if the present policy of the State to aid
towns is carried out it should be allowed.

In 1912 the appropriations for maintenance and re-
pairs of State and county highways amounted in all
to $2,615,040. The estimate made this year by the
Highway Department for this purpose was $4,700,000.
Later on in our investigation the officers of this De-
partment stated that they could reduce this figure to
$3,353,250.

During the limited time we have had to study this
matter, we believe that these figures are very high and
that a large amount of repair work has been asked for
by local' interests which are not necessary, and we be-
lieve that upon a proper reorganization of the bureau
of maintenance under division engineers $2,000,000
will be sufficient to take care of the maintenance of the
highways for the coming year, and we recommend that
amount.

The investigation of the matters connected with the
Highway Department was as thorough as our time
would permit, but we necessarily had to confine our
attention chiefly to the financial features, so as to in-
telligently recommend such appropriation of funds as
are required to maintain the roads during the coming
year. We were faced with the demand for an appro-
priation, for maintenance, of $4,700,000^ covering re-
pairs to hundreds of roads, and in considering this we
had to take notice of the numerous complaints that the

748 Public Papeks of Goveenok Sulzbb

cost of suck repairs bad been excessive, and endeavor
to find a basis upon wbicb to compute tbe proper cost,
and thus arrive at our decision as to what will con-
stitute a reasonably adequate appropriation.

Before our examination was half completed we had
developed and proved a condition that caused us to
recommend a complete change in the organization of
the Department and a reform in the methods of award-
ing contracts, which recommendation has already re-
sulted in the enactment of a new liighway law, pro-
viding for one responsible official in charge instead of
a commission composed of three uncongenial persons,
and further providing for a complete change in the
methods of contracting for work and supervising such
work wMle under construction and repair.

To make this examination accurate and complete we
requested the co-operation of the Comptroller, and he
detailed to us a deputy comptroller and six experts.
These experts worked continually for four weeks.
They went over all the details of the original; and sup-
plemental contracts for repair work, and carefully
tabulated, the cost of materials and transportation of
materials, and the work of putting those materials in
place.- While this was being done, other men were
ascertaining through actual inquiry the proper or
market cost of all materials entering into road con-
struction, and the proper cost of the different opera-
tions entering into the construction of roads. The re-
sult of these investigations enabled them to find the
true cost by which to test the actual cost paid to con-
tractors by the State.

The examination covers a period beginning shortly
after the formation of the first Highway Commission
in:;1909 and ejiding on Januarj'^ 1, 1913, excepting

Removal; Proceedings and Investigations 749

therefrom the year 1911, during which time no con-
tracts for the repair of State highways were granted.
Each contract and the aeeompanying papers were ex-
amined. Attached to each contract were the bond, the
■estimated cost made by the engineer, and the proposed
cost submitted by the contractor. ■!'• 'o

With the original contracts were also considered any
supplemental contracts. uUn-

After securing the assistance of the Comptroller,
and agreeing uponthe plan upon which to conduct the
work, we called the Chief Engineer of the Highway
Department to the witness stand, and after examining
him and requiring him to testify in regard to the
method of making engineers' estimates for new con-
struction,'and describe the various units entering Into
such estimates, we directed him. to take the specifica-
tions of all the repair contracts which had obeen
awarded by the Department, and make an engineer's
estimate of the proper cost of such contracts on a basis
of the figures he would use for estimating upon new
construction. The Chief Engineer has had' no super-
vision over repair work, and we felt confident that his
figures could be relied upon to show how much excess
cost there had been in the repair work during the j)ast
year.

The purpose of this dual examination was to obtain
accurate information in regard to the. excess, if ;a,ny
existed, so that we might have a test to apply to the
appropriation requested for maintenance in 1913. We
did not at that time reqijire an analysis of construc-
tion contracts, because the entire cost of such work
would be paid out of funds derived from bond sales,
and not from appropriations to be made by the
Legislature.

750 Public Papers of Goveenob Sulzee

When the examination was completed, the analysis
prepared and reports submitted to us by both the
Comptroller and the Chief Engineer of the Highway
Department agreed that the cost of repairs had been
excessive, the general average being about 20 per cent,
over what was established as a true economic cost.
This general average, however, did not represent the
whole truth, because there were many contracts per-
formed at a price only slightly above our standard,
while there were many others which ran much above
20 per cent.

The entire examination developed the following
situation :

Highway Repairs

The total number of contracts examined was 327,
which were divided as follows :

1909 contracts 41

1910 contracts 37

1912 contracts 249

Payments were made to contractors during the
years 1909, 1910 and 1912 to the amount of $2,682,-
062.47, which were distributed as follows :

In 1909 $919,588 55

In 1910 746,378 81

In 1912 1,016,095 11

The comparison of original contracts and supple-
mental contracts on repairs in each of these three
years was as follows :

1909 :910 1912

Total of original contracts. $626,240 83 $706,669 35 $999,502 70
Total of supplemental con-
tracts 293,347 72 39,709 46 16,592 41

Totals $919,588 55 $746,378 81 $1,016,095 11

Eemoval Pbocbedings and Investigations 751

The average cost per mile was :

1909 : $4,820 58

1910 4,442 33

1912 1,139 67

Our experts found in analyzing the contracts that it
was necessary to compare them as a whole to get the
accurate increases and decreases in the cost. Items
which had been combined in 1909 were separated in
1912, and thus the comparison upon these separate
items was destroyed. It was possible, however, to set
up with certainty a true comparison between certain
items entering into all the contracts, and as an example
of this work we present the following comparison of
some of these items, the figures given being the excess
cost of these materials in all of the contracts in the
given year :

1909 1910 1912

Excess cost of stone $123,599 90 $119,726 25 $92,679 15

Excess cost of oil 42,122 09 33,734 56 51,512 91

Excess cost of earth excava-
tion 790 90 8,949 64 6,340 87

Total excess cost on
these items $166,512 89 $162,410 45 $150,532 93

The total expenditure of money by the maintenance
bureau of the Highway Department, including ex-
penses of administration, work done by the Depart-
ment, materials purchased by the Department and
payments to contractors, during the years 1910, 1911
and 1912, was as follows :

752 Public Papers of GlovEEisrbR ■ Sulzee

DEPARTMENT EX-
PENSE: 1910 1911 . 1912 ,

Improvements $22,321 32 $8,739 20 $11,718 14

Resurfacing 1,078,471 51 312,448 84

Engineering and

inspection 61,335 64 21,019 15 175,640 92

Labor 5,569 94 11,634 84 22,598 34

Materials ........ 66,052 rs 93,665 83 147,450' 74

Patrol : .'.;.• 265,427 81 258,307 34 425,048 78

Tools and plant.. 18,086 91 " 7,311 08 17,332 79

Guard rail 71,416 06 6,338 38 11,499 90

. Concrete 3,940 53 9,850 92 6,561 48

Oil 163,238 24 ' 83,382 01 397,264 93

Sweeping and ap-
plying oil ..;.'. . 107,128 36 71,556 93

Material for cov- . > ; i

ering 228,18706,, 86,93126 ..............

Covering oil 9,364 81 8,731 77 ....".

Cleaning and trim-
ming ;. ■ 12,59166 13,529 33 ."

Paving 1,026 61 487 80

Extraordinary re-
pairs 3,891 86 277 00

Miscellaneous 4,712 16 20,853 33 182 00

Totals $2,122,763 21 $1,015,065 01 $1,215,298 02

PAYMENTS TO
CONTRACTORS. 746,378 81 1,016,095 11

Grand totals.... $2,869,142 02 $1,015,065 01 $2,231,393 13

The Department of Highways was organized in 19019
and the records were not sufficiently systematized to
enable us to distribute the various items of cost enter-
ing into the repair work in the same manner as we
have done with the other years. The total expeiiditures
of the Department in 1909 were as folloAvs:

Removal Proceedings' and Isv^estigations 753

For Department expenses . .... .■■>l.. i ..'..!.. . ' $925,166 92

Amount paid to contractors 919,588 55

;Total , , . .,. $l,844j755 47

No new contracts for repair worlj; were let in 1911 ;
most of the wark was done by the Department itself .

During the period examined 1,250 miles of highways
were repaired as follows:

In 1909 ; 191

In 1910 ...,.,. .....r-;< V !.,.,..... ',168

In 1912 . . . '... .^! ..;! ':.^.. 891

.The, ijiaintenance bureau of the Highway Depart-
ment appears to have always worked on unscientific
principles. Everything seems to haye been done in a
hurry aijd without sufficient preparation, even when a
wrong system has not been deliberately adopted. It
appears that examination of roads intended to be re-
paired has been, made in the winter, with, snow upon
the ground, which made it impossible, to get any ac-
curate knowledge of the character of the soil, and the
specifications drawn upon such information Ijaye
necessarily been faulty. No, systematic way of getting
accurate geologicaLinformation, to guide the engineers
in making their estimates, seenis to have been estab-
lished.. The work of making estimates was hastily done
in the spring. s.o as to have the, contracts, ready for
letting as soon as the weather sufficiently moderated
to permit outdoor work, apd fhis practice resulted in
changes in specifications, many ^^ipplemental, contracts
and a great deal of waste on alniost every piece of
work.

The most vicious feature of the method of letting
contracts appears to have, been the practice iOf awar,d-

754 Public Papebs of Goveenok Sulzeb

ing contracts for repairs without asking for com-
petitive bids.

Three systems were followed in securing proposals,
namely: Advertising in newspapers for competitive
bids; inviting certain contractors in a locality, who
were known to have plants, to privately compete; and
assigning certain sections of repair work to such con-
tractors as were selected by the official in charge.

During the year 1912 work amounting to $132,667.59
was advertised in newspapers for competitive bidding ;
work amounting to $187,036.13 was awarded to con-
tractors after private competitive bidding; and work
amounting to $908,947.68 was assigned to contractors
chosen by the officials of the Department without com-
petitive bidding.

It is true that the average cost per mile was lower in
1912 than in the preceding years, but this system is so
vicious, in our opinion, that it merits unqualified con-
demnation, and we have recommended that in future
no contracts of any magnitude be awarded without
competitive bidding.

This system of non-competitive contracts was re-
sponsible, in our judgment, for the high prices paid
for materials used in repair work.

Our examiners disclosed that manipulation of oil
was paid for at rates varying from five to ten cents per
gallon, the oil being furnished by the Department,
and we are advised that five cents is an extremely
liberal price.

Broken stone was paid for at prices varying from
$1.20 to $8.25 per cubic yard.

Rolling charges varied from $10 and $15 per day to
$10, $15 and $40 per mile. The rate allowed by law
for rolling town roads is $10 per day. At $10 per
mile a roller could earn $80 per day.

Removal Peoceedings and Investigations 755

These are but three instances of excessive charges
allowed.

The hasty preparation; of specifications has resulted
in extra contracts and supplemental contracts, and we
have no doubt that many of these supplemental con-
tracts were improperly awarded. We do not feel
justified, however, in condemning unqualifiedly the
supplemental contract system. Under the unit form
of bidding — that is, when the proposal of the con-
tractor is based upon items, the quantities of which
are estimated by the engineers — it will always be
necessary on final settlement to readjust the quantities
of these items and it may be appropriate to issue a
supplemental contract therefor. This form of supple-
mental contract, however, is legitimate because it does
not change the competitive character of the bid, if the
engineer's work has been efficiently done. There may
also, from time time, arise contingencies which even
an accurate survey by the engineer could not locate,
such as a soft spot which needs to be reinforced.
These, however, appear to us to be the only legitimate
reasons for supplemental contracts. All others appear
to us to be due to incompetent engineering or official
fa,voritism.

The result of our investigation into the maintenance
and repair bureau of the Highway Department in-
duces us to recommend to the Legislature that less than
one-half the sum requested to be appropriated this year
be provided, so as to compel the Department to be ad-
ministered upon more efficient lines.

New Construction
The excessive cost of maintenance and repair of the
highways is, in part, due, in our .opinion, to faulty and
inadequate methods of construction employed in the

756 Public Papers of Gtoveenoe SulzeS

beginning of the good roads' developmeHt. These
roads were originally constructed at great cost to the
State, but the element of supplemental contracts en-
tered largely into that cost: These supplemental con-
tracts were caused partly through faulty specifica-
tions, such as providing two inch foundation on soft
soil, experimenting with patented materials, and a
general lack of systematic knowledge regarding both
the character of traffic required to be borne by these
roads and the character of the soil upon which they
were constructed^

In some of these old construction contracts, dating
back to 1909 as well as continuing to the present time,
we found supplemental agreements that completely
changed the character of the construction and de-
stroyed the competitive features of the contract.

We fonnd one original contract for a road in Erie
county, let in 1909 on competitive bidding for $16,000,
the final payments to the contractor for the construc-
tion of which was $41,676.81. ' ■

We found that several roads, constructed under
such imperfect specifications, went to pieces within a
few years and required reconstruction out of the main-
tenance and repair fund. An example of this can be
found in a road in Warren county that wa^ built in
1908 at a cost of about $50,000; repaired in 1910 at a
cost of $5,000, and reconstructed under guise of repairs
in 1912 at a cost of $50,000.' "

We recommend ffiat no further new contracts for
construction be awarded unless the plans for such con-
struction are completely revised, so as to provide a
form of constructiop suited to the character of the soil
and the, volume of traffic, which the road will be 9alled
upon to sustain. And we fu^tlier reconajn;iend that only

Removal Peoceedings and InviestigatiOns 757

such supplemental contracts as are required to com-
plete the adjustment of the contract when the work is
finished, or to provide for small emergencies, be
tolerated. \-

'.-''< - - Conclusion .:,

The investigation of the Highway Department we
regard as the most difficult, arid at the same .time one
of the most important, problems we had to deal with.
We felt it to be absolutely necessary to establish such
facts as will lead to the inauguration of a system of
highway construction that will secure for the people
of the State the best roads that can be built, and sur-
round the expenditure of the inbney to be derived
from the new bond issue of $50,000,000 with such safe-
guards as to guarantee absolute honesty and efficiency.

We received a great number of complaints from
citizens in all parts of the State, regarding new high-
ways that had been built and repairs that were sup-
posed to have been made. Each of these complaints
was referred to the Department of Highways and the
officials were required to make an explanation, under
oath upon the witness stand.

We invited the testimony of experts, issued a public
appeal for the assjistance of citizens, took notice of
newspaper complaints, and our public hearings on
highway matters occupied about two weeks.

We worked tinder the necessity of making a report
to the Legislature in tinie so that fu^ds can be appro-
priated to begin the work of repair as soon as the
weather will permit, and on this account we have trip4
to concentrate our attention chiefly upon the financial
problem, and upon the methods of administration,
rather than seeking to discover specific instances of
wrongdoing. It is possible that. there are specific in-

758 Public Papers of Goveenoe Sulzee

stances of wrongdoing to be discovered, but we feel
that the work we have performed is of more enduring
value. We, therefore, have suggested that these mat-
ters be referred for examination to another agency,
and we understand that this suggestion has been
adopted.

LEGISLATIVE AND JUDICIAL

We have given no consideration whatever to the ap-
propriations desired in connection with these two
branches of the State government, as we have no juris-
diction over them, they being co-ordinate branches of
the government.

MISCELLANEOUS

All through the appropriation and supply bills are
a number of miscellaneous items covering State lands,
reservations, parks and buildings, and we have care-
fully gone over the items asked for in connection with
these matters and have made our recommendations in
connection therewith in the appropriation bill and
supply bill. We do not deem it necessary to encumber
this report, with recommendations in connection there-
with, and full information as to our action can be had
by examining these bills.

STATE INSTITUTIONS AND SPECIAL BILLS AND APPROPRIA-
TIONS CONNECTED THEREWITH

In the budget submitted to the Comptroller appro-
priations are asked for buildings and additions to ex-
isting buildings to the extent of the sum of about
$10,000,000, and these divided into departments are as
follows :

Health officer, port of New York $1,953,000 00

Prisons 1,807,200 00

State hospitals .' 3,740,625 00

Charitable institutions 2,007,224 50

Long Island Agricultural School 704,500 00

Removal. Peooeedings and Investigations 759

There are also now before the Legislature, bills lor
a number of agricultural schools in different sections
of the State, and a large number of demands, for other
public buildings, amounting to several million dollars
more.

During the past few years the State has, by legisla-
tion, in a way, committed itself to the following new
institutions :

1. State Industrial Farm Colony for Tramps

By chapter 530 of the Laws of 1912 an appropria-
tion of $100,000 was made by the Legisla-ture, and the
board of managers of this institution was authorized
to enter into contracts not exceeding in the aggregate
$500,000, for the construction of buildings and the pur-
chase of a site. The total cost of this institution will
be oyer $1,000,000.

This is the first institution of the kind to be at-
tempted in the United States, and if the scheme is car-
ried out it will commit the State, not only to a largjB
expenditure for the construction of buildings, but to
a large maintenance cost in connection therewith. We
believe it is unwise for this State to take the initiative
in committing itself to such an enormous expense in
connection with this handling of this class of people,
and that this project ought to be abandoned and the
law repealed.

2. Prison Farm for Women
This institution has purchased a large tract of land,
and the plans call for the expenditure of $3,000,000.
The object, as stated in the act, is to provide an institu-
tion to which women over thirty years of age, who
have been convicted five times in the last two years,
should be committed.

760 P'tfBLIC PAfEKS OJ? G^OVEE^^OE SULZER

While the purpose of providing some place for these
unfortunate women is worthy of consideration, yet we
do not believe that the plan proposed of pitting them
upon a farm, and especially the plan proposed of such
an enormous expenditure for the housing of the num-
ber of inmates who may be committed, justifies the
State in going on with this enterprise without further
careful investigation.

3. Letchivorth Village

The purpose of this institution is undoubtedly an
admirable one, to build near the city of New York, at
a cost of about $3,000,000, a lar^e' institution for the
unfortunates who are noW committed to up-State
places. A large amount of money has already been
appropriated, but has not been expended, and this in-
stitution is being built upon the cottage plan of caring
for inmates. While this plan may have certain gbod
features, yet the investigation that we have "made
leads us to believe that the initial cost of building on
the cottage plan is treble that under which similar
institutions , have been constructed in the past, and
that the cost per capita of maintenance will also be
verj' high. We believe that the matter ought to be
carefully studied from, all viewpoints before large
additional appropriations are made.

4. Yorktown Heights

This is an institution for boys. It is also proposed
to be built upon the cottage plan, and the same inves-
tigation, we believe, should be made in connection with
this institution as to Letchworth Village. The cost of
this institution will be over $2,000,000.

Removal PBOCBEDiifGS axd L^vpstigations 761

5. Mohanfiic State Hospital for Insane ■
Very large appropriations have been made for this
hospital in the past, but there has been great delay in
proceeding vfith. the work, which to us seems to be in-
excusable. This institution undoubtedly should be
completed: as soon as possible, as it will be a relief to
the congested conditiqns in connection with the New
York city hospitals for the insane, but ther,e is such a
large amount of money unexpended at presei^t that we
do not believe a new appropriation should be made
until the work in progress is more speedily hastened.
We also believe that a study should be made as to
whethe,r or not this institution caimpt be grea,tly in-
creased so as to care for a larger number of inmates
than was contemplated when its C0;nstruction was be-
gun, as it is the experience that thifr larger number of
inmates that can be taken car^ of, the less is the per
capita and overhead charge.

6. Ufica State Hospital

This hospital is located in the heart of , the city X)f
Utica. There has been a desire by a nurnjber of the
people of Utica to build a new hospital outside of the
city limits and abandon the present hospital therein,
and an appropriation has been made for the purchase
of land in' connection with building a new hospital.

The present Utica Siaie Hospital is a first-class in-
stitution, complete in ,all respects and able to care for
the inmates confined therein, and tlie doing away with
this hospital would be destroying the State's property
now in existence aiid in use. We do not believe that
aiiy additional appropriation should be made for the
new hospital until the whole question as to the future
policy of State hospitals is considered.

762 Public Papers of Gtoverwob Sulzer

7. Proposed New Hospital near New Fork City

It is proposed to build a new hospital near the city
of New York on what is known as the old Creedmoor
rifle range site. This land is a long narrow strip with.
a wide parkway in the center, is not adapted at all for
the proper grouping of buUdings, and the value of land
in the vicinity is so high that to purchase additional
lands in connection therewith would be to entail enor-
mous cost.

Both at Kings Park Hospital and at Central Islip
Hospital the State is the owner of very large tracts of
land, and, if in addition to the new hospital at Mohan-
sic, it is necessary to provide further hospital facilities,
we believe that the question should be studied as to
whether or not additions should not be constructed at
Kings Park or Central Islip, whereby the overhead
charges will not be increased. We recommend that
no appropriations be made in connection with the pro-
posed Creedmoor site, but that the land, which is of
great value, be sold and the avails be used either at
some other site or in connection with additions to
Kings Park or Central Islip.

8. Great Meadow Prison

This institution is now nearing completion, but there
has also been great delay in constructing and finishing
the buildings. An appropriation was made last year
of $630,000, and we understand this will provide for
a complete unit for the prison. Large additional ap-
propriations, however, are asked for this year in con-
nection with this institution, but we believe that the
present buildings should be completed before any np>y
appropriations are made.

EbMOVAL PfiOCBEDINeS AND INVESTIGATIONS 763

9. Sing Sing Prison

For several years past there has been agitation in
favor of building a new State prison near the city of
New York. A site was first procured near Bear ]!4(0un-
tain, which was abandoned, and later a site was pur-
chased at Wingdale, where construction contracts were
awarded, but this site has also been abandoned. The
proposition is now made that a new prison ought not to
be built, but that Sing Sing should be remodeled and
reconstructed. We do not believe that Sing Sing
Prison, on account of its small area, is a proper place
for the expenditure of any large amounts of money
for new construction, and that, if it is necessary after
the prison at Great Meadow is inaugurated to build a
new prison, that this matter should again be given the
most careful consideration.

10. Long Island Agricultural School

An appropriation has heretofore been made of
$100,000 for the purchase of land in connection with
the establishment of a secondary agricultural school
of education on Long Island. This year an appropria-
tion is 9,sked for $704,500 for buildings.

We have heretofore dealt in our report with the
questions relating to secondary schools of agriculture,
the lirditing of these schools to purely secondary work,
and the keeping of the cost of buildings and mainte-
nance down to as low a figure as possible. The State's
expenditure in connection Avith agricultural schools is
growing by leaps and bounds, and there is a continual
demand upon each Legislature for the building of a
large number of similar schools. The demand for this
school is so large that we believe the most careful con-
sideration should be given as to the question relating

764 PuBLric Papers of Governor Sulzer

to the character of the school to be erected, the class
of work which it is to teachj and the number of students
that are liable to attend. In the other secondary
schools of the Stdte the attendance has been found to
be limited in number, although several of these schools
have been established for several years.

11. State Office Bwildmgs

In the city of Albany there are now a number of
departments located in quarters outside of the Capitol,
and the same situa^tion also prevails in the city Of New
York and in the city of Buffalo. There is no doubt
that the State would be financially benefited if suitable
oflSce buildings, at not too large expense, were erected,
and that the rentals now paid would easily pay the
interest and sinking fund charges in connection with
such institutions, and this matter should be carefully
and thoroughly investigated.

12. State Fair at Syracuse

The State Fair at Syracuse has grown to be a very
successful State institution. A large amount of money
has been expanded,, and the general plan for the future
development of the State Fair has been laid out, in-
volying the erection of a numbesr, of new buildings and
the rearranging qf present structures in harmony
therewith. Demands have been made upon the Legis-
lature this year for large appropriations to carry out
this project. The plan ought to be completed in the
near future, as the State Fair, in a way, is earning a
large amount of money upon the investment. We be-
lieve, howevel-, that the moneys in connection with this
proposition should be raised from the sale of bonds.

Removal Peocbedings and Investigations 765

The foregoing statement shows the tremendous de-
mands upon the State for new institutions and build-
ings, and foreshadows a large increase in State expend-
itures in the future for maintenance in connection
therewith. It is impossible for anyone, under present
conditions, to fairly determine, to what extent the State
should commit itself to the policy of these institutions,
and the amounts that should be properly: appropriated
in connection with their buildings. The State 's finances
prohibit the expenditure in any one year of any amount
sufficient to complete the institutions within a reason-
able.time.

We are, therefore, of the opinion that the entire
matter relating to the construction of new institutions
and buildings should be taken up by the Legislature
through a committee to be appointed by it, such com-
mittee having the power to employ the necessarj' ex-
pert assistants, and we would recommend that such a
method be adopted.

When the Legislature has thus made a careful study
of the situation as a whole, we are of the opinion that
then the entire proposition should be subinitted to the
people of the State for decision as to whether they
desire to enter upon the policy of building these insti-
tutions, and the amount of money which they are will-
ing to expend in connection therewith.

AMOUNTS RECOMMENDED FOR REPAIRS TO STATE INSTI-
TUTIONS

State Hospitals
We recommend that an item for general repairs on
all State hospitals be allowed of $250,000, with the
right of the State Hospital Commission to apportion,
this amount among the different institutions according
to their actual needs and necessities.

766 Public Papers of Goveknok Sulzer

With this amount practically all the other items in
connection with the State hospitals can be eliminated
except the following, which should be provided for in
a special bill.

Central Islip

rurnishings and equipment for the dining room build-
ing $15,000 00

New boilers, north colony 11,000 00

$26,000 00

Gowanda
New boiler $7,500 00

Hudson Biver

Furnishings for new additions $5,400 00

Coal and ash handling apparatus 3,670 00

$9,070 00

Kings Park

Elevators for new buildings $13,200 00

Extension of vacuum heating plant 50,000 00

Screening windows and doors 2,000 00

$65,200 00

Rochester

Ice house $2,500 00

New plumbing, north building 10,000 00

$12,500 00

State Board of Charities

Western House of Refuge for Women, Albion

Miscellaneous repairs $3,000 00

Eemoval Peoceedings and Investigations 767

New York State School for the Blind, Batavia

Conduit and piping between boiler house and new-
building $7,000 00

Equipping new building 3,000 00

Increasing boiler capacity and repairs to boiler plant. . 4,006 00

Miscellaneous repairs 1,000 00

$15,000 00

New York State Soldiers and Sailors' Home, Bath
Miscellaneous repairs, additions and betterments $15,000 00

New York State Reformatory for Women, Bedford
Miscellaneous repairs and betterments $3,000 00

New York State Reformatory, Elmira

Miscellaneous repairs $6,000 00

Furnishing and equipping hospital 1,500 00

Herd of tuberculin-tested cows 3,500 00

$11,000 00

New York State Training Schools for Girls, Hudson

Electric feeder cable to new school house and cottages. $4,000 00

Equipment for new school house 5,000 00

Miscellaneous repairs and new equipment 4,000 00

$13,000 00

State Agricultural and Industrial School, Industry

Miscellaneous repaii-s and betterments, including
sewage disposal $8,000 00

768 Public Papers of Gtoveenoh .Sulzek

Thomas Indian S'chool, Iroquois

Constructing corridors between the Administration

Building and Dining Hall, between Dining Hall and

Dormitory No. 1 and between Dormitory Nq. 1 and

Dormitory No. 2, and Dormitory No. 2 and School,

Building , $10,000 00

Equipment and furnishing for school building 1,000 00

Miscellaneous repairs ■. 2,000 00

$13,000 00

Eastern New York Reformatory, Napanoeh
Miscellaneous repairs and equipping, school rooms. . $4,500 00

New York State Custodial Asylum for Feeble-Minded Women,

Newark

Two additional boilers, fittings, connections and instal-
lation ■■ $7,000 00

Trunk sewer 2,000 00

Miscellaneous repairs 3,500 00

$12,500 00

New York State Woman's Belief Corps Home, Oxford
Miscellaneous repairs $2,500 00

New York House of Refuge, Randall's Island
Misoellaneous repairs $2,000 00

New York State Hospital for the Treatment of Tuberculosis,
Bay Brook

Enlargement of toilet sections $3,000 00

Miscellaneous repairs and additional equipment...... 3,000 00

$6,000 00

Removal Proceedings and Investigations 769

Rome State Custodial Asylum, Rome

Enlarging bakery building $5,000 00

Toilet sections for building " G," wards 4 and 5. . , , . . 2,500 00

Miscellaneous repairs 2,500 00

$10,000 00

Craig Colony for Epileptics, Sonyea
Miscellaneous repairs, equipment and plumbing $6,500 00

State Institution for Feeble-Minded Children, Syracuse
Miscellaneous repairs and equipment for laundry and
kitchen ; $7,000 00

New York State Hospital for Crippled and Deformed Children,

West Haverstraw
^Miscellaneous repairs $5,000 00

Letchworth Village

Miscellaneous repairs $5,000 00

Purchase of machinery, horses, cows, wagons, oxen and

farm tools and implements 4,000 00

$9,000 00

YorktowH Height's

Farm stock, tools, equipment and seeds $3,000 00

Telephone system 1,200 00

Miscellaneous repairs and betterments '. 4,000 00

$8,200 00

State Prisons.
Included in the items allowed in the appropriation
bill is a lump sum of $840,000 for maintenance and
repairs of the prisons of the State, and this we believe
is sufficient to take care of the ordinary repairs neces-
sary to keep the prisons in condition.
25

l.ZO PUBUD PaBEES OB- GoVEKIfOB SPLZEE

The only items in ad'ditieM tfcat we tbink ought to be
aWowed are for Matteawan Hospdtal for CrimJBal
Insane, for th-e f oll'omng items :

FewBoilers $9,000 00

Dining room and kitchen for women's building now

undergoing construction 25,000 00

New artesian well 2,000 00

$36,000 00

We have prepared a special bill, making appropria-
tions for the above items, and recommend that all other
special bills in connection with State hospitals. State
charitable institutions, and State prisons be. not
approved.

LEGISLATION SUBMITTED

As a result of our investigations, and for the pur-
pose of effectively carrying out the recommendations
which we propose, we have submitted, and herewith
Siubmit the following bills, and urge their adoption.:

1. An act to create a Department of Efficiency and
Economy.

2. An act to establish a State Board of Estimate.

3. An act to establish a State Board of Contract and
Supply.

4. An act amending the Exedutive, Law, giving to-
the Comptroller the audit of all accounts.

5. A companion bill to the last act, to further the
accomplishing of the same purpose.

6. An act to increase the taix upon motor vehicles.

7. An. adi to increase the stodt transfer tax.

&; An aeti to raisi® additioEcal^ revenues throiu^ the
Agniealtuiiralf BepartmemiJ of ths Sitate.

9t AHiact to pojoviide- free text, books thnoflghdOit the
State.

Eemoval Peodhiedttfgs and Investigations 771

10. An act to amend the Coaservatiem Law so as to
ekange ifeke Conservation OomiQission from a three-
headed ooinmissdon, as it'is now oonstituted, to a-siaigle^
headed commission.

11. An act to create out of the present ■Conservation
Department a separate department of marine fl&keries,
under the supervision of a Commissioner of Marine
Fisheries.

12. An act to amend the Nmigation Daws, so as to
reduoe the number of inspectors of steam vessels' from
two, a'S now 3pTK)vided. by law, to one, and containing
such regulations as to the duties of the inspector and
his compensation as will result in greater Efficiency
and economy.

13. An act to amend the State Finance Law, so as
to make the fiscal year begin July 1st, instead -of Octo-
ber 1st, and providittg that this change shall go into
effect on the 1st -day of July, 1915.

14. An act to amend the State Finance Law, so as
to regulate the subject of unexpended balances, now
involved in soroe confusion, by providing that all unex-
pended balances shall lapse and cease to be available
at the end of the fiscal year for which the appropria-
tions out of which the unexpended balances arise are
made, subject to the power of the Legislature to pro-
vide in the act making the appropriation for a different
period durimg which the appropriation shall be avail-
able. In order to avoid confusion in making this
change in the law the act provides that its policy skalll
not become operative until the let day of October, 1914.

15. An act to amend the Prison Law, so as io reax-
rauge the State Commission of Prisons, now composed
of -seven mtembers with a per diem charge for attend-
ance 3iit meetings, etc., tO' &■ oommissioa composed of
three members to be appointed by -the 'Governor, by

772 Public Papeks op Goveknob Sulzer

and with the advice and consent of the Senate, at an
annual salary of $5,000 each, and transferring to the
Commission of Prisons as thus rearranged the powers
and duties of the present State Commission of Prisons,
the present State Board of Classification and the pres-
ent State Board of Parole.

16. An act to amend chapter 613 of the Laws of
1910, in relation to the State Probation Commission,
by transferring the powers and duties of the present
State Probation Commission to the Commission of
Prisons and abolishing the existing State Board of
Probation.

17. An act to amend chapter 670 of the Laws of
1906, which created a commission to select and pur-
chase a site for a new State prison in the eastern part
of the State to take the place of Sing Sing Prison, by
transferring the powers and duties of the commission
authorized by said act to the Commission of Prisons,
and abolishing the commission authorized by the act
mentioned.

18. An act to appropriate $600,000 for the elimina-
tion of grade crossings, $300,000 to be appropriated
to the Public Service Commission for the First Dis-
trict, and $300,000 to the Public Service Commission
for the Second District.

19. An act .to amend section 454 of the Code of
Criminal Procedure, in relation to the defense of in-
sanity, so as to provide that in cases where the defense
of insanity is successfully interposed a final judgment
shall be entered upon the verdict rendered pursuant to
the requirements of the section, and further requiring
that the court must, if the defendant be in custody and
it deems his discharge dangerous to the public peace
or safety, commit him to the State lunatic asylum by
an adjudication and order which shall be incorporated

Removal Peoceedings and Investigations 773

in the judgment to be entered upon the verdict, and
making such judgment final and conclusive and not
subject to review except by direct appeal.

This proposed legislation is intended to make the
verdict of the jury acquitting a defendant on the ground
of insanity and his commitment; under such verdict, in
case he shall be committed, a final judgment which
shall prevent any attempt by writ of habeas corpus, or
otherwise, to review that determination, except as it
may be reviewed upon a direct appeal from the judg-
ment. It is our opinion that this legislation will estab-
lish the status of an insane person acquitted because
of insanity and committed to the lunatic asylum be-
cause his liberation would be dangerous to the public,
so that the transparently inconsistent position of such
a defendant that he was not insane when committed
may not be made the subject of review in numerous
habeas corpus proceedings after his commitment.

20. An act to repeal chapter 255 of the Laws of
1909, which empowered the Commissioners of the Land
Office to adjust the claim of the Cayuga Nation of
Indians. The act sought to be repealed was, in our
opinion, improvident legislation. The course of pro-
cedure under the act has fully demonstrated this criti-
cism. When the claim was presented to the Commis-
sioners of the Land Office, pursuant to the act, the
commissioners decided that the claim had no legal
basis, and it, therefore, rejected the claim. An appli-
cation was then made to the Supreme Court for a writ
of mandamus to compel the Land Board to make an
award under the statute upon the theory that the
Legislature had established the claim by the act in
question and left the Commissioners of the Land Difice
only the question of determining the amo-unt of the
claim within the amount prescribed as the maximum

774 'PiTBLie Papbks of i&ovieewor Sulzek

in ike act. The writ of maM'dasaus was ■dsnied at ike
•Special Term, feiat reversed by a'diivi'died court in the
Appellate Division, an-dtlaat Teversal sustained by a
divided conrt in theiCoTartof A|pp!eal's. Tiie result of
the litigation, practically, was that .the courts deter-
mined tkat th-e Legis'latnTeli'ad^eteMiaiiired the validity
of the ©ilaim and Mt to the Commifisioners of the Land
Office only the deternmiati'Oii within 'the maximum
amount preseTi%e<3. Of the 'amount to be awarded
under this determination of the -eourts, the Commis-
sioners of the Land -Office have n'ow made an award
out of respect f-or the decision of the coiirts, 'but with-
out changiTig itsview'that the claim rests upon no l-egal
basis. It is apparent that the Legislature which passed
the act in question did not tsontem^late any such result.
If the claimant has any valid claim against the State
the most that the Legislature should do is to authorize
the submission of the merits of tie claim to the proper
and usual determination of the Board of Claims for the
purpose of having the merits df the claim ascertained
and determined. No appropriation has thus far been
made for the paym.ent of any award in this matter;
theirefore, it is within the diseretiou of the Legislature
now in session to rearrange and readjust this inatter
according to its judgment as to what is the proper
legislative policy under such eireumstanees. Our
recommendation is that the law should be repealed,
and that if any legislation is desired upon this siftjeet
it should be only such legislation as will submit the
validity and merits oftiie claim to the Board of "Claims
for trial and dTitermination in the usual course. This
will avoid the imputation which itie decision trf the
courts has placed upon the act in queBtion that the
Legisla;ture intended to give to the claimant, Tvithout

Remgval PHocEEDrsrGs AND Investigations 775

regard to the Talidity of its claim, such' amonant as
tni^f be ftxedhy the Conmiis'sioii'eTS of the Land ©ffice,
who were not given any power' to' de-'te^niine the valid-
ity ormerits of the cMiin itself. ''-

21. An act to repeal chapter 564- of th'e*^]laws'of'
1910' and its amendatory act, chapter' 25ti- of the LaAVB
of 1911, which cefhstitiate special legislation restricting
the- application of the- generaP Highway Law ef the
State in certain special localities. The language of the
original act was apparently general, but in reality ap-
plied' to only one special locality. The langauge of the
amendatory act was more general but to the same
effect. The reason for such special legislation in dero-
gation of the general policy of the &tate, as expressed
in the general Highway Law, is not apparent.

22. An act to create a commission to revise the
Banking Law and making an appropriation therefor.

23i An act to amend the Banking Law in relation to
books and aecb-u-nts of corporations organized under it.

24. An act to amend the BankingLaw in relktion to
the powers of the Superintendent of Banks. '*-■'

25. An act to amend the Banking Law in relation to
loans by a corporation organized under the Bknking
Law to its incorporators or shareholders to enable
them to pay for, hold or purchase the shares' of such
corporation. l^''

26. An act tO'anaettwKtIle IBkbking Law in relation to
examinatfoingiBy'lWards ©f' directors of banks and trust
companies as&d reports tfa»re®f .

27. An act to aui'endHhe Banking Law in relation
to the purchase of notes, bonds and other- ^idenees- of
indebtedness secured by mortgage' or' other lien upon
real estate upon which there is any prior mortgage,
lien or encumbrance.

776 Public Papers of Gtoveknoe Sxtlzbe

28. An act to amend the Penal Law in relation to
the misconduct of officers, directors, trustees or em-
ployees of banking corporations.

29. An act to amend the Penal Law in relation to
falsification of books, reports or statements of cor-
porations subject to the Banking Law by an officer,
director, trustee, employee or agent thereof.

30. An act to amend the Printing Law whereby it is
intended to give to the State Printing Board power to
systematically and economically provide for various
printing contracts under which the State printing is
to be done.

31. An act to increase the fees paid to the health
officer of the port of New York.

32. An act to repeal the act providing for a farm
and industrial colony for tramps and vagrants.

33. An act to repeal that part of the Public Health
Law providing for the appointment of a board to ex-
amine feeble-minded criminals and defectives.

34. An act making appropriations for constructions,
improvements, repairs and equipment at various State
institutions.

35. An act to amend chapter 445 of the Laws of 1912,
repealing the provisions of the Health Law in relation
to operations for the prevention of procreation.

Respectfully submitted

JOHN N. CARLISLE
JOHN H. DELANEY
H. GORDON LYNN

Committee of Inquiry
John T. Norton
Counsel

Removal Peoceedings and Investigations 777

Proceedings for the Removal of the Sheriff of the County

of Suffolk

Notice and Summons

State of New York — Executive Chamber

In the Matter of the Charges Against Melville E.
Brush, Sheriff of the County of Suffolk

NOTICU and summons

To Melville E. Brush, Sheriff of the County of
Suffolk:

You are hereby notified that charges have been pre-
ferred against you, and that your removal from the
office of sheriff of the county of Suffolk thereon has
been asked by I. D. Luce and George E. Lucei, repre-
senting the Town Agricultural Society of Riverhead,
Long Island, N. Y.

A copy of such charges is herewith served upon you.
I hereby fix the 4th day of February, 1913, at 12
o'clock noon as the date on or before which your
answer to said charges shall be filed with me ; and you
are further notified that on said 4th day of February,
1913, or on such later day or days as may be appointed
by me, you will be afforded an opportunity of being
heard in your defense.

In witness whebbof, I have hereunto set my

hand and affixed the Privy Seal of the State

[l. s.] this twentieth day of January in the year

of our Lord one thousand nine hundred and

thirteen. (Signed) WM. SULZER

By ihe Governor :

Chester C. Platt

Secretary to the' Governor '

778 Public Papeks of Govebnor Stjlzer

Appointment of Commissioner to Examine Into
Charges PiBBiFEEHED Against Melville E. Bbush,
Sheriff of the County of Suffolk

State of New York — Executive Chamber

Before the >GrOJV!BS!isp0R :

In the Matter -of the Charges Against Melville E.
''Brush, Sheriff of the Cx)'Mity of Suffolk

APPOINTMENT OF COMMISSIONER

Charges having feeen filed -with, me on the 16th
day of January, 1913, by I. D. Luce and (reorge E.
Liice against Mel'dlle E. iErvush, eheriff of th« leemnty
d£ Sjiiffolk, with a petitioa that h«.be removed from
■his office as sheriff of -Suffolk county, and a copy
thereof ;haviag te«n .served upon said sfoeriff, mho ,has
;filed !an answer deayin^ said ehargea,

Now, THEREFORE, Pursuaut to the .statutes in such
case umade and provided, I .<ia hereby appoint Willis
.'Brnice .Dowd, lof the .cilty aiEUd county of :N«w York, a
ooQimi'Ssi oner to -examine witnesses and take evidence
as to therferuth of said charges, and I'hjerefoy diire&t
said commissioaaer to repoct totnae the said evldenee
and ;hi6 fiadings of the material facts deemed by Mm
ito be established in connection witk said ■charges, to-
gether with his conclusions thenneoHi '

I ©iVEN under my hand and the Privy S^al of the

State at the Capitol in the city of Albany

[l.' s.]ii this ifourthday of Petoru'ary in the year of

'1' .Our iLord one 'tiMni^a^ad' nine hundred and

(Signed) :>yM., ,3XILZEK--
By the Governor : i . , i . . , , ,

Cb3BStee. C, Platt

Secretary to the Governor

Ebmoval Peocbbdings awd Investigations y79

Govbbngh's Opinion, Decision and Oedbb op Bemoival

State of New York — Executive Chamber

In the. Matter of the Charges of MehiUe^ E. Birush,
, Sheriff of Suffolk County

Opinion of the Goveenoe

On January 16, 1913, charges were filed against Mel-
ville E.. Brush-, sheriff of the county of Suffolk, State
or New York, hy George E. Luce, I. D. Luce and
Thomas P. Brennan, citizens of said county,, together
with a certain presentment duly made and. filed by the
grand jury, Supreme Court, sitting in and for the
county of Sufifolk, at the January, 1913, term thereof,
with the petition that he he removed from his ofEce of
sheriff of the said county of Suffolk.

On the 20th. day of January,, 1913, a notice and sum-
mons, together witk a copy, of the charges, were duly
served upon said Melville E. Brush, sheriff of the
county of Suffolk, at Riverhead, N. Y. The notice and
summons was returnable on February 4, 1913.

On February 4, 1913, said Melville E. Brush, duly
made and filed his verified answer to said, charges and
on February 4, 1913, tB.e Governor appointed Willis
Bruce Dowd, Esq., of the city and county of New York,
a commis&ijoner toiexaiiifline th€! wi'tneases' and take tes-
timony as to thft truth of said charges. Said commis-
sioner was directed to. report to the Goivernor said
testimony and. hig, findings of,; the material, facts
deemed by him to be estaiblishe(p,;,in connection, with
said charges, togfi.ther with his Gonclusioath^repii,. ,

Ota April 1^ 1913,, WiUi^ Bruce Dowd, Esq., as sin^h
commissioner, made his report on., the char.ges..as.filed^

Melville E. Brush was duly elected sheriff i of,, the
county of Suffolk in November, 1911, and took office

780 Public I'apebs of Gtovbknor Sulzeb

January 1, 1912, and his term will expire December
31, 1914.

The new county jail had been erected at River head,
Suffolk county, N. Y., and as appears from the
report of the State Commission of Prisons for the
year 1911, the building was sufficiently completed so
that it could be occupied, and was occupied, on Feb-
ruary 8, 1911.

The said report states at page 238, concerning this
jail:

" The jail is constructed of light colored
pressed brick, trimmed with Indiana lime stone.
It is absolutely fireproof; the inside is finished
with enameled brick throughout. It is a modern
jail in every respect and the most complete
equipped of any jail in the State and is' a credit
to the county. The total expenditure for the
plant was ahout two hundred and nine thousand
dollars.

" The women's jail is entirely separate from
the men's and consists of three departments of
five cells each. There are also separate depart-
ments for juveniles, witnesses and debtors and
two large hospital rooms."

In this case I have taken much time and given great
care to examine the testimony, covering nearly nine
hundred pages, taken before Commissioner Dowd,
together with all the exhibits and other papers in
this proceeding, and after careful consideration, am
unable to agree with the conclusion of the learned
commissioner that the charges have not been substan-
tially proved and that they are not serious and sub-
stantial in character.

Removal. Pboceedings and Investigations 781

I consider the charges amply supported by the testi-
mony taken before the commissioner, and the evidence
taken convinces me that the administration of the
sheriff's office, and of the county jail of Suffolk county
at Riverhead, N. Y., under Melville E. Brusfc, as
sheriff of such county, was inefficient, incompetent and
negligent, and that in the respects charged, he failed
to perform the duties and obligatioiis imposed upon
him by law, as sheriff; and by his nonfeasance he has
so conducted the administration of this highly im-
portant office in a manner that requires the most
severe condemnation.

The State Constitution itself, as well as the statutes
and laws, have been openly and j3agrantly violated by
Sheriff Brush and, in addition, through the wholly
inexcusable mismanagement of his office there have
been unwarranted escapes from this jail, characterized
by the Prison Departrnent as the best equipped county
jail in the State of New York.

, The escape of Esther Ha,rris from such jail on or
about December 9, 1912, on the very morning of her
trial is admitted and it concededly occurred through
the careless management of the jail. Without going
into unnecessary details, the conduct and treatment
of this particular woman prisoner with the knowledge
of Sheriff Brush was entirely inexcusable and in viola-
tion of the law and his duties as sheriff, and is suffi-
cient cause alone to convict Sheriff Brush as incom-
petent further to. administer the duties of his high
office.

The attempted excuse made by the sheriff that he
did not personally know of the favors accorded to this
woman, merely emphasizes his incompetence. Under
section 182 of the County Law, the sheriff has the

782 Public Papers of- Gtovebnok Sulzer

peWer and authority to appoint his own deputies, aind
from a I'eg-al, as well' as an' adtninistratiTe staindpoint,
lie is responsible for the aets €»f his suboirdinates. He
should exercise, at all times, a proper and sufficient
vigilance to require that prisoners lodged in the best
eqitip5ped and most modern- county jail in the State
are not afforded facilities for practically walking out
of such a jail' with* perhaps the aidt and asisistemce of
the turnkey or waardens.

The presentment of the grand jurysta/tes:

" Her escape was due to the- incompetency and
inefficiency on the part of the sheriff and his sub-
ordinates in charge of said jail and particularly
do we criticize and' condemn the sheriff and the
management of said jail in that the female pris-
oners confined therein were not locked in their
cells at nigiit* that thre unwarranted and' unfair
preferences were shown to Esther Harris; that
the extreme carelessness was displayed' on the
part of the keepers of the jail in reference to the
safe-keepin:g of jail keys; that a child (one Hekn
Newton')' of about fourteen yeaTs of age was per-
mitted, unattended, to visit WTMhien prisoners and
use for such purpose j'ail keys ;' that the improper
conduct has been shown on the p^art of Harry J.
Newton, the turnkey of said jail^ in receiving and
sending for female prisoners, articles of jewelry
and other personal' property; there has been great
lack of due diligence in searching of prisoners
upon their admission to said jail and proper re-
gard has not been had in searchin:^ of mail sent
and received by pri&otof^rs; th-at in' gen«ral, there
has been a,' lack of compe^ewey- and effieiency in
the maniag'em'ent and conduct of said jail and of
the public officers in charge thereof."

EEiSiaYALi PbOCEEDINGS AKD IsrViESTIG&TIONS 783

Not lonljtidioes tiie record eoneede tiiarfc this prisoner,
Esther Harris, escaped, but six others have mad>e
thieirescappe from this particBilar jail dainiEtg the t-erm
•of .fiheniff Brush, who offers the ridicndiDus excuse of
faulty constTuction lorf tliis Jail. Hiis condact in this
respect moiates section '92 of the County Law, which
provides as follows:

" Each sheriff shall receive and safely lceep,ih
the county jails of his county, evBTy person law-
fully t;©Tnmitted to his custody for safekeeping,
examinaiiion or trial, or as a witness, or com-
mitted for conieinpt. He shall not, without law-
ful authority, let any such person Qut of jail."

I can oojieeive of no legal :or reasonable justification
that can, or has been made, by Sheriff Brush ©f this
gross liwooapetenoe in this . moist important ■ daity of
seduDely canfiniiiig prisoners committed to his care,
HisadministEationinithis and ©ither respects is highly
diaereditable.

The presentment mt&ie grand jury recommends a.
dismissal of alisirbbiirdi'nateB now employed (January,
1913 j) >by. the (sheriff ^as joffieers of said jail.
' jA.n examination of Ahis record diseiioses that al-
though some of the .persons censured by the igrand
gury were disoha^ed' ■ from their particular offices,
nevertheless, this sheriff has continued some of them
ufion., his payroll as tdfipsjisty sheriffs,-, one of whom, at
ieae^A since .hi«' purported <Mschai^e :fram service has
h,ad deliwer^d to him .for transpeortation across icoun-
try to ^noibher inistiliution, ,a prisoner s^vAiag tiaiDE.

TQaais assumed disohacge was tnothiaaig 'but. a plain
fraud, ttefie particular jpeeipie were continued' upon
the sheriff is payroUs/^^ithey were not disoiKarged.

784 Public Papebs of Gtoveenok Stjlzee

It is amply proved by the testimony that prisoners
serving time were permitted the freedom of the
streets outside the jail walls- They cared for a horse,
the private property of the sheriff, in a stable some
distance from the jail; and also for the horse of a
warden or turnkey. This horse, and that of the
sheriff, were used for racing at the fairs, held at
Riverhead, and these prisoners, acting as stablemen,
arid other prisoners, attended these fairs; took care
of the horses at the race meets ; were spectators at
baseball games, dressed up in their Sunday clothes,
so that it was impossible to distinguish such prisoners
from reputable citizens. Also, a bootblack, a prisoner,
conducted business in the County Court House. These
facts likewise constitute a violation of section 92 of
the County Law, hereinbefore quoted.

It is conceded, and nowhere denied in the record,
that Sheriff Brush, on at least two occasions, took a
prisoner from Riverhead to his home at Smithtown,
a distance of about thirty miles, and required him to
perform work in and about his private house.

This incident alone should require the dismissal of
this sheriff from further performance of his duties.
It was an open and flagrant vi&lation of the organic
law of the State.

The Constitution of the State, article III, section
29, provides:

" No person in any such prison, penitentiary,
jail or reformatory, shall be required or allowed
to work while under sentence thereto, at any trade,
industry or occupation, wherein or whereby his
work, or the product or profit of his work shall be
farmed out, contracted or given or sold to any
person, firm, association or corporation;"

Eemoval, Pboceedings and Investigations 785

The sheriff is supposed to be the chief peace officer
of the county and he; above all others, should not
violate the law, and particularly the expressed and
explicit provisions of the Constitution itself.

The testimony further shows that several of- the
prisoners having the liberty of the streets of River-
head became intoxicated — a highly disreputable oc-
currence, and violated sections 1691 and 1791 of the
Penal Law.

The record further establishes that the sheriff did
not take one, but at least two, prisoners in his private
automobile, for an all-day outing from Riverhead to
PatchogUe, a distance of over twenty miles, and while
it is attempted to make the excuse that one of the
prisoners was taken to be present at the burial of his
child, no excuse whatever can be made for the presence
of the second prisoner who accompanied the sheriff
on this automobile trip.

It is clearly established from the record that Sheriff
Brush failed to keep prisoners properly separated ac-
cording to law, and permitted detained witnesses to be
improperly confined with prisoners sentenced and
serving time.

This jail was built having proper rooms and ac-
commodations in accordance with section 91 of the
County Law.

The report of the State Comniission of Prisons
above quoted shows that there were separate depart-
ments provided in the jail for juveniles, witnesses and
criminals.

I deem it unnecessary further to particularize other
shortcomings in the performance of the legal duties of
the sheriff of Suffolk county, as for example, permit-
ting the entertainment of the prisoner Esther Harris,

i786 Public Papess ,o¥ GrovEBNOK Sulzee

at la Tfeaaaksgiviiag dinner in tke isherifi's apartments,
ajBid tthe pareliasie from and redmnption from .a pawn-
skop of oertainiartictes of jewelry:, on fejelmlf of said
prisoner, which tke record establishes beyond all
doubt, oaBiarred during, tke adminieitratioia fof the pres-
ent Aeriff of Saffolk eounty.

Thjeice is no Juriedietiom mare; important (thain that -^of
tke Chief Exeeutifve in exercising Ms .^wer to ^remove
faithless officials locally elected, and I realize .this
powea- .should not be 'eseiteissed unless absolutely Jieoes-
■sary.

TJiis record disoloses an amazing rstate of i affairs; a
skoeking and improjper tadmijiistriajtiori, wkiak. makes
it apparent beyond all question that tke present sher-
iff ifiCDnspicuoTisly unfit and not worthy of trust as a
public oflfieer.

This sheriff has shown an utter lack of knowledge or
a complete misunderstanding of ;tkeiaw pertaining to
tlie duties of .kis, office. . ,His course of conduct, fex-
kibited,by,tkis,irecord is iSO (Serious a negljeet.ofhis duty
thati it eannot ;bie .condoned breit fUiust be jeondemffs^

The evidence in the report .clearly .establishes #Lat
his administration has not been one merely of isolated
misdeeds done without ,. his imowledge, but shows a
general .^nd widpspread iiie^ici^nqy and, iiicompetency
in the department under his control, concerning which
it ■\v;a& his duty to Ixaye secured accairateiknpwledge of
ttie .actual conditions. , : ; ,

,Hi:S is the respojisibiLity for Jfailure to maintain a
proper and efficient standard of administration of .kis
office in accordance \v^itk law,, a;^d no skeriff can escape
tkis responsibility becaiise of 'any culpability; on tke
part of kipi subordinates.

1 am determined to prevent suck practices as kas
been revealedlsy tte evidence in tkis record.

Removal Pbocbedings axd Ikvestigations 787

My careful examinaiioiia! of frke.evidience, exhibits and
proceedings had herein fnllsy, ooBvince me Ihat: the
preseat sheriff is clearly guilty of misconduct and that
his adnaimistration af, this higb office has -feeeia incompe-
tent and inefficient and in violatii@ni of the Sitatutes ap-
plicable thecetoi, and) that it, is essential, for the proper
pierfonmianKEe oi the duti&s inapoiSBd by law upon the-
sheriff ©f Suffolk cofmiaity,, that the present incumbent
be superseded.

For the reasons sdsated^ I deem it my diuty to forth-
with remove Melville E, Brush from the- offiee of sheriff
of the county of Suffolk, and an. order to- that effect
wilt be- made;

(S&gned) - WM., SULZER

Albant, New Yoek, April 28, 19W

>

Oedee of Removal feom Office

State of New Yok-ic — Exb.gutive; Chamhbjr

In the Matter of the Charges against Melville E.
Brush, Sheriff of Suffolk County

oedee of eemoval feoh office

Charges having been, preferred against Melville E.
Brush, sheriff of the county of Suffolk, by George E.
Luce, I. D. Luce and Thomas P. Brennan, citizens of
said county, together withia certain presentment of the
grand jury held in and for Suffolk Gou|ity during
January, 1913, and a copy of said charges having been
duly served upon and delivered to said Melville E.
Brush ; and he having thereupon been given an oppor-
tunity of being heard in his defense before a commis-
sioner appointed by the Governor ; and he having been
heard in his defense before such a commissioner in

788 Public Papers or Goveekob Stjlzee

person and by counsel, and the witnesses produced by
him having been duly examined,

Now, THEEEFOEE, After due consideration of the said
charges against Melville E. Brush, and after careful
consideration of the answer filed by the said Melville
E. Brush, and of the testimony taken before the said
commissioner and the report made and filed herein
concerning the matter by said commissioner and of all
the facts and circumstances herein and all the proceed-
ings heretofore had herein, it appearing to my satis-
faction that the said Melville E. Brush has been in-
efficient, incompetent, derelict and neglectful of duty
in his office of sheriff of Suffolk county. State of New
York ; and that the charges in that respect are true and
that the public interest requires it, it is hereby, pur-
suant to and in accordance with the authority vested in
me by article X, section 1 of the Constitution of the
State of New York,

Oedeeed, That the said Melville E. Brush be and he
hereby is removed forthwith from the office of sheriff
of the county of Suffolk, State of New York.

GrivBN under my hand and the Privy Seal of the

State in the Capitol in the city of Albany on

• ■ [l. s.J the twenty-eighth day of April in the year

of our Lord, one thousand nine hundred and

thirteen.

(Signed) WM. SULZER

Bj' the Governor :

Chestee C. Platt

Secretary to the Governor

Ebmoval Procebdings and Investigations 789

Proceedings for the Removal of the Sheriff of the County
of Schenectady

Notice and Summons

State oe New Yoek — Executive Chamber

In the Matter of the Charges against Christian L.
Staver, Sheriff of the County of Schenectady

NOTICE AND SUMMONS

To Cheistain L. Staver, Sheriff of the County of
Schenectady :

You are hereby notified that charges have been pre-
ferred against you, and that your removal from the
office of sheriff of the county of Schenectady thereon
has been asked by William L. Flynn, John H. Collins,
Archibald Bathgate, William H. Young, William J.
Turnbull, William Dobermann and John H. Veeder,
supervisors of Schenectady county. New York, com-
posing the committee of correction and reformation
of said board of superviS'Ors, acting for and at the
request of said board.

A copy of such charges is herewith served upon you.

I hereby fix the 18th day of February, 1913, at 12
o'clock noon as the date on or before which your
answer to said charges shall be filed with me ; and you
are further notified that on said 18th day of February,
1913, or on such later day or days as may be appointed

790 Public Papees op Goveenok Sulzee

by me, you will be afforded an opportunity of being
heard in your defense.

In witness wheebof, I Have hereunto set my

hand and affixed the Privy Seal of the State

[l. S.J this sixth day of February in the year of

our Lord one thousand nine hundred and

thirteen. j

(Signed-) WM. SULZEE

By the Gfovernor :

Chestee C. Peatt

Secretary to the Governor

Albany, February 18, 1913

Cheistian L. Stavee, Sheeiff of the County op
Schenectady, Files Answer to Chaeoes ?£■£-
peeeed Against Him.

Sheriff Staver' and his attorney, Mr. Levy, of
Schen'ect^dy; together- with Alexander T. Blessing, the
district: attorjiey, and James C. Coojperj the county at-
torne^y of Schenectady county, appeared before Gov-
ernor Sulzer in the Elsecutive Chamber at 12. o'clock
no,on. on February 18,, 1913. Sheriff Staver filed, a
verified answer to the charges made, which answer
specifically denies each and every of th* charges and
petitions the Grovernor to appoint a commissioner to
give Sheriff Staver an opportunity to present, his
witnesses in regard to tlie facts.

Governor Sulzer accepted and'fil'ed the answfer of tlie
sheriff and advised him- that he would appoint a com-
missi'oner" to taike the evidence regarding the charges
an'dmacke reporit® th-e Govemoir with his opinion con-
cerning the same.

Eemdoval Pikooeedings and Investigations 791

It is believed that the .fiust heamng before Commis-
sioner Shea will take place in Schenectady on about
March 3, 1913.

Appointment of CoMMisBiosrEE to Examine into
Changes PfiBPEBEED Against Christian L. Stavee,
Sheeipf of the County of Schenectady

State of New Yoek — Executive Chamber

Befoee the Goveenoe :

In the Matter of the Charges against Christian L.
Staver, Sheriff of the Co^mty of Schenectady

appointment of commissionee

Charges having been filed with me on the sixth day
■of Fehruary, nineteen liundred and thirteen, by
William L. Flynn, John H. Collins, Archibald Bath-
gate, William H, Young, Willj,am J. TurnbuU, William
Dobermann and John H. Veeder, supervisors of
Schenectady county, New York, composing the com-
mittee of correction and reformation of said board of
supervisors, acting for and at the request of said board,
against Christian L. Staver, with a petition that he be
removed from Ms office as sheriff of Schenectady
county, and a copy thereof having been served vipdVL
said sheriff 'of Sehenectady county, who has filed an
answer denying said charges,

TsTow, thbeefoee. Pursuant to the statute in such
case made and provided,' I do hereby appoint John W.
Shea, of the city of 'Syracuse, county of Onondaga, a
commissioner to examine witnesses and take evidence
as to tinS'truth of said charges, and I hereby 'direct said
CGinmissioner to 'report to me the said evidence and his
findings of the material facts deemed by him to be

792 Public Papeks of Goveenoe Sulzee

established in connection with said charges, together
with his conclusions thereon.

Given under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. s.] this eighteenth day of February in the year

of Our Lord one thousand nine hundred and

thirteen.

WM. SULZER
By the Governor :

Chester C. Platt

Secretary to the Governor

Opiniok of the Goveenob in the Mattee of the
tlHAEGES Peeferred Against Cheistiax L. Stavee,
Sheeiff of the County op Schenectady

State op New York — Executive Chamber

In the Matter of the Charges against Christian L.
Staver, Sheriff of the County of Schenectady

OPINION OF THE GOVERNOR

On February 4, 1913, charges were filed with me
against Christian L. Staver, sheriff of the county of
Schenectady, by the " Committee of Correction and
Reformation " of the board of supervisors of said
county, signed by William L. Flynn, chairman, and
Archibald Bathgate, W. J. Turnbull, William H.
Young, J. H. Collins and John H. Veeder, members
thereof.

On the 6th day of February, 1913, a notice and sum-
mons, together with a copy of the charges were duly
served by me, in accordance with law, upon said Chris-

Removal PEOCBEDisrGS and Investigations 793

tian L. Staver, sheriff of the county of Schenectady,
at Schenectady, New York.

The notice ^nd summons were returnable on Feb-
ruary 18, 1913.

On February 18, 1913, said Christian L. Staver duly
made and filed his verified answer to said charges, and
on February 18, 1913, 1 duly appointed John W. Shea,
Esq., of the city of Syracuse, county of Onondaga,
New York, a commissioner, to examine the witnesses
and take evidence as to the truth of the said charges,
and to report the said evidence and his findings of the
material facts deemed by him to be established in con-
nection with said charges, together with his conclu-
sions thereon.

Hearings were had before said Commissioner, in the
city of Schenectady, New York, at which hearings wit-
nesses on behalf of the petitioners, and on behalf of
said Christian L. Staver, duly appeared and were
duly heard.

On May 20, 1913, John W. Shea, Esq., as such Com-
missioner, duly made and filed with me, his report, con-
sisting of findings of fact, and his conclusion of law,
together with his opinion in writing, concerning the
matter, and transmitted therewith all the findings
taken and the exhibits submitted at such hearings all
of which I have carefully considered.

Christian L. Staver was elected sheriff of said
county at the general election held in November, 1911,
for a term of three years.

The opinion of the learned Commissioner to my
mind is conclusive and his findings of fact, and conclu-
sions of law, are amply supported by'the evidence in
the record and are correct and meet with my approval.

794 FtTBLic Papers of Goveewob 'Stulzeh

Ifecause of the exMaustivff amd ftorougli analysis
and statement of the procefeffingS and evidence con-
tiai'ned in the learned ConrniissionJer 's- opinion, and in
his findings of fact and conclusions of law, I deem it
unnecessary for me, in this cFpinibn, to set forth in re-
view the fkotst^ iir this matter, ^ as T consider they
are correctly and' amply detailed by th'e learned Com-
mirssionaiei' — copies of which are hereby made a part
of' this' memorandum^

I, myself, hafve made a careful independent exam-
ination of the e"videnee taiken herein, the exhibits and
the proceedings had, and I am fully convinced that the
present sheriff is ckarly gurl'ty of misconduct in office,
and his administration of the office of sheriff of the
county of Schenectady, has not been in accoarddmce
with law, and th'at the best interests of our citizens and
the geiieral welfare of the State require me to super-
sede him in said' office, by reason of the factS' disclosed
in these proceedings, and accordingly, an oandier re-
moviiig the said Christian K Staver farthwitli £f®m
his office as Sheriff of the county of Schenectad}'^ will
be made.

( Signed') WM. . SULZEE.

Albany, Nhw Yoek, Jkne 4^ 1913.

Removal, Proceedings and iNVESTiGATroNs 795

Oedee of Removal from Office of Cheistian L. Staveb
AS Sheriff of the Oounty of ScHEfruCTADT

State of New York — Executive Chamber^

In the MMter of the Charges Otgamst ^Christian L.
Staver, Sheriff of the County of Schenectady

order of removal from office
Charges having been preferred against Christian L.
Staver, sheriff of the oounty of Schenectady, by the
" Committee of Correctioji and Eeformation " of the
board oi supervisors of the said county, signed by
William Flynn, chairman, and Archibald Bathgate, W.
J. Turnbull, William H. Young, J. H. Collins and John
H. Veeder, members thereof, and a copy of the said
charges having been duly seryed upon and delivered
to said Christian L. Staver ; and he having thereupon
been given an opportunity of being heard in his de-
fense before a Commissioner duly appointed by the
Governor, and he having been heard in Ms defense
before such Commissioner in person and by counsel,
and the witnesses produced by him having been duly
examined,

Now., Therefore, After due consideration of the said
charges against Christian L. Staver., and after careful
consideration of the answer filed by said Christian L.
Staver, and ; of the testimony taken bef oxp the said
Commissioner and the report mxide and filed herein
concerning the matter, by said commissioner, and of
all the facts and cireumstances herein, and all the pro-
ceedings heretofore had herein, it appearing to my
satisfaction, that the said Christian L. Staver has been
inefficient, inoomjpetent, derelict and neglectful of duty
in his office of sheriff of Schenectady county, State of

796 Public Papers of Govbenoe Sulzee

New York; and that the charges in that respect are
true, and that the public interest requires it, it is
hereby pursuant to and in accordance with the au-
thority vested in me, by article X, section 1 of the Con-
stitution of the State of New York,

Oedbked, That the said Christian L. Staver be and
he hereby is removed forthwith from the office of
sheriff of the county of Schenectady, State of New
York.

Given under my hand and the Privy Seal of the

State in the Capitol in the city of Albany on

[l. S.J the fourth day of June in the year of our

Lord, one thousand nine hundred and

thirteen.

(Signed) WM. SULZEE

By the Governor :

Chestbe C. Platt

Secretary to the Governor

State Banking Department and the Affairs of Northern
Bank of New York

On February seventh Governor Sulzer received
from Wm. Duncan Cameron, of New York city, a state-
ment or petition relating to the affairs of the Banking
Department and the Northern Bank of New York. On
February tenth the Governor transmitted a copy of
the same to George C. Van Tuyl, Jr., State Superin-
tendent of Banks, requesting him to examine and re-
port as to the facts in the matter.

Eeply, in part, of George C. Van Tuyl, Jr., State
Superintendent of Banks:

Fehruary 14, 1913

Governor Sulzer, to-day, made public the reply of
George Van Tuyl, Jr., Superintendent of Banks, to the

Removal Proceedings and Investigations 797

charges made by William Duncan Cameron on behalf
of Joseph G. Robin, who, on his own admission, was
convicted of stealing $27,000 from the poor depositors
of the Washington Savings Bank. The Charges and
the statement of facts submitted relate to the liquida-
tion of the Northern Bank of New York, which was also
controlled by Robin.

The reply covers many pages of typewritten matter,
and each charge is specifically answered. In part,
Superintendent Van Tuyl wrote as follows :

" Mr. Cameron criticizes this Department for what
he characterizes as misdirected energy in ' pounding
Robin.' Various suits have been instituted by this
Department on behalf of the Northern Bank against
Robin to recover large sums of money which were bor-
rowed by Robin from the bank. Robin is at present
contesting his liability upon these obligations. The
issues presented by the pleadings in these actions will
be litigated in due course. It is also contemplated by
this Department to institute other civil proceedings
against Mr. Robin as fast as it is possible to gather
competent proof of the receipt by Robin of many hun-
dred thousands of dollars of the assets of the North-
em Bank, which passed from the bank into the ac-
counts of numerous dummy corporations, organized
under the direction of Robin and obviously for his
benefit, and through which Robin obtained moneys
from the Northern Bank without his name appearing
as the actual borrower.

"An amount of money considerably in excess of
$1,000,000 was taken from the assets of the Northern
Bank by means of these dummy corporations and by
other subterfuges, and later used for Robin's benefit.

"As to the responsibility of Mr. Robin to the people
of the State of New York for violations of the crim-

798 Public Papers of GtovEKNOE Sttlzee

inal law, this ■B'epatimm.t of 'oourse 'hae no respon-
sibility 'except insofar ae the itreatmeilt @i Mr. iJobin
at fhehanfls of the 'Staite a!ffe<?te the future Gondu-ct of
banking xjfficialB geireTally 'under the euperrision of
thi-s Department.

"At the time Mr. Robin Tvas broiig'ht before the
Supreme Court for sentence, this I>epartmeiTt deemed
it to 'be its niuty to present to the district attorney of
New York 43ounty certain facts based on the xecoTdB
of the Northern Bank, 'Showing' the manner in which
Mr. Eobin had oonflucted him'self as tbe oontrolling
factor of this institution. These facts wepe presented
to the district attorwey and Mr. Justice Seabury, at
their request, so that the 'court might inform itse<lif "of
the actual facts t>ef ore imposing sentence upon Robin.
Copies of su'ch communications are submitted herewith.

" Mr. Cameron undou'bted'ly is 'unfamiliar with the
facts as shown in these 'eommunications to the district
attorney, otherwise he would certainly not be ' firmly
convinced of Mr. Robin''B innocence.'' This Depart-
ment is firmly convinced that it has ndt erred in its
judgment of'tihe intentional and repeated' violations of
the criminal 'law by Robin in N'orthern Bank matters.
This 'belief is strengthened by the fact that the 'State
Insurance Department, which had had occasion to in-
vestigate Mr. Ro'bin 's transactions in other fields, has
come definitely to the same 'conclusion.

" It is, of course, possible that Mr. <]!anieron has
been unintentionally misled by nominal depositors,
w^hose ultimate purpose is not to realize •upon the
assets of this 'unfortunate 'institution. It is difficult,
however, to 'deJtermine to 'what extent Mr. Cameron
may 'have' 'been misled in this matter; for, from the
time of the first xjomia'uriicafi'on whi'di he has 'had with
"this Department, he 'has never revealed who "his clients

EeMOVAL PitOCBEDINftS AND> INVESTIGATIONS T^&

were; wboeTer tfbese' elieivtsi may Ibe, tJieir ^smaiaids
la"\a@' unifoonaaly -1)6611 directed' agairasife ttie fiTm of
GiftiBd!, HoM)S' &• Beard,, -witlt. whonii EhKia- fe; in Mftfe
gation, and' against wbieki ftrmi SobirL has: oamgedi aom-
plaints to be lodged with th© district aittorney and tbe
Appellate Division of ft©' SiipiieBBie Gourt THie' per-
sonal dislKerences ©if Bobin EHidi Grifforrd eaaniMsIr firaimisii
any JTistifiaMe esens© for this Deparfcmewfe ehariging
the afssets of the Northern Bank' with' ■anwaiPBasnted
expen'se.

'■'"Mr: Cameron has beerr repeattedry toM* that this
lyepartment "would be gikd at any time 'of the co-oper-
ation of any d'ep©si<!oTS'l€K)]iing' toward a better realiaa-
tion wpmi the assets of the baB&, and' whatever may
hare been the cause, h/e hasJnot supplied ^ this Depairt-
ment' with any' information -^Hatsoever . On the- other
hand, much time has-been dfevoted by this Department
to supplying Mr. Cameron with information from the
books and' records o'f the Northem-Bkni: a'nd in going
over various records with hina. Had Mr. Cameron com-
prehended the facts oontaiired' in such books'- and rec-
ords, it would have been' obvious to him that the state-
ments contained' in his comnranication are wiithouf any
merit whatsoever.

"The first charge made by Mr. Cameron was :

" That the Banking Department has refused, and
neglected to prosecute a claim leading to the recovery
oF $'35(1,000 or the damages whlcii were caused; to tbe,
depositors of the bank'throug|i the refusal of James W..
Gifferdto accept a loan of $.330,000',, tendered just prior
to the Noxthem, Bank, being, closed by the. Banking,
Department.

" Tii,aonly pos-aible aetion-based. on. this- statement isu
a suife against. Gif£ard,.for d-sunag^s fx)r fraudulently

800 Public Papebs of Goveknoe Sulzek

conspiring with the directors of the Northern Bank
to wreck the institution or with the Superintendent of
Banks to obtain the closing of the bank when its con-
dition was not such as to warrant the Superintendent
of Banks in taking this action.

" There are no facts contained in Mr. Cameron's
communication nor is this Department in possession
of any evidence whatever which would indicate that
any such action would lie. As a matter of fact, if the
Northern Bank had been presented with $350,000 in
cash on the day in question it would still have been
hopelessly insolvent. The Department is informed
that this so-called offer of assistance was made by
Messrs. Reichmann and Cummins, of the Carnegie
Trust Company, an institution which at that time was
itself on the verge of failure and within ten days there-
after was closed by this Department.

" The facts presented by Mr. Cameron in his first
specification are entirely inadequate to enable this De-
partment to frame a complaint for damages against
any party on account of the rejection of this alleged
offer. If Mr. Cameron will present facts showing a
cause of action in favor of the Northern Bank against
any persons whatsoever in connection with the closing
of the Northern Bank, this Department will be pleased
to take prompt action.

' ' The second charge was :

" That the Department has failed to sue James M.
Grifford on account of his having obtained, as alleged
by the complainant, large sums of money from the
Northern Bank through the instrumentality of Mel-
rose Securities Company, a dummy corporation.

" The Melrose Securities Company was a corpora-
tion organized in the law office of Gifford,' Hobbs &
Beard, with an authorized capital stock of $1,000.

Eemoval Pbooeedin'gs and Investigations 801

According to the books of the company, no stock cer-
tificates were ever issued. The minutes show that
three shares were subscribed for by the incorporators,
who were clerks in the office of Gifford, Hobbs & Beard,
and that on the first day of July, 1908, a resolution was
passed that the balance of stock of the company be
issued to Joseph Gr. Robin in consideration of his as-
signing to the corporation a certain contract he had
entered into with William E. Montgomery (now serv-
ing in Sing Sing for missipipropriation of funds of the
Hamilton Bank), for the purchase of the majority of
the capital stock of the Hamilton Bank, and that on
that day such an assignment was executed and deliv-
ered by Robin.

' ' So far as this Department can ascertain by dili-
gent inquiry, this Melrose Securities Company had
assets of no kind whatever except moneys borrowed
from the Carnegie Trust Company and the Northern
Bank. At the time of the failure of the Northern Bank,
the bank held various notes of the Melrose Securities
Company, aggregating $206,895.

"As against this indebtedness there was delivered
to the Northern Bank the following collateral: 175
shares Mechanics & Traders' Bank of New York, par
100; 100 shares Mechanics & Traders' Bank of New
York, par 25; 100 shares Italian American Trust
Company ; 100 shares Western Ice Company ; 145
shares Knickerbocker Ice Company, preferred ; $10,000
demand note. Fidelity Development Company; 400
shares Fidelity Development Company, preferred;
$38,000 South Shore Traction Company, 5 per cent.
1st mortgage bonds.

" On July 5, 1911, the Department sold shares of the
Italian American Trust Company, Knickerbocker Ice
Company, preferred. Western Ice Company and Fidel-

26

802 Public Papeks or Goveenor Sxjlzeb

ity Development Company, preferred, through Adrian
H. MuUer & Son, auctioneers, and realized thereupon
$12,516.39, which it applied on account of this indebted-
ness and on December 20, 1911, sold the $38,000 1st
mortgage bonds of the South Shore Traction Com-
pany at public auction through Adrian H. MuUer &
Son, receiving therefor $25.13. Action was brought
against the Melrose Securities Company by this De-
partment and judgment obtained in favor of the North^-
ern Bank on November 8, 1912, for $138,135.46, which
covered the balance due on the various notes, with
costs, after application of the proceeds of the collateral
aforesaid. Execution was issued on this judgment on
November 18, 1912, to the sheriff of the county of New
York and subsequently returned wholly unsati-sfied.
Proceedings supplementary to execution are now pend-
ing upon this judgment.

" In November, 1912, Cameron made an inquiry of
this Department as to what action was being taken in
this Melrose Securities Company matter, and under
date of November 12, 1912, he was notified that this
judgment had been docketed and was requested to give
this Department any information which he might pos-
sess which would assist the Department to realize upon
such judgment. To date he has failed to supply infor-
mation of any kind on this subject.

" The stock of the Mechanics & Traders' Bank (now
Union Bank of Brooklyn) which was also collateral as
against these loans, is valueless and action is now
pending by this Department against the stockholders
of such bank to enforce their full statutory liability.
The Northern Bank also held as supposed, collateral to
the indebtedness of the Melrose Securities Company a
note of the Fidelity Development Companv for $10,000,
due May 17, 1912.'

Removal Proceedings and Investigations ■'^Oi!

" When th« bank failed the Fidelity Development
Company filed proofs of claim against the Northern
Bank for the moneys it had on deposit, amounting to
$3,268.78. The then Superintendent of Banks sojight
to offset against such claim this note for $10,000. The
matter was referred by Mr. Justice Blanchard to
former Judge Ernest Hall, by order dated April 17,
1911.

" On the trial the Fidelity Development Company
contended that this note for $10,000 had been delivered,
without authority; that the Northern Bank had ad-
vanced nothing on account thereof, either to the
Fidelity Development Company or any other party,
and that it was not liable thereon. Robin, who ap-
peared at various of the hearings, asserted that James
H. Gifford was interested in the Melrose Securities
Compahy; that when the Banking Department de-
manded further collateral as against the loans of that
company in the Northern Bank, he went to see Gifford,
who told him that he was unable to advance any cash,
but that the Fidelity Development Company owed him
money on account of advances and for legal services,
and that he would obtain a note of the Fidelity Com-
pany for $10,000 on account of such indebtedness and
give the same to Robin to deposit with the Northern
Bank as additional collateral. James M. Gifford and
various employees in his office denied this. Over 200
pages of testimony were taken, Robin giving his story
at great length. The referee, however, disbelieved
Robin's version, for he directed judgment against the
Northern Bank in favor of the Fidelity Development
Company.

"As additional security for the loans' made by the
Northern Bank to the Melrose Securities Company,
Joseph G. Robin, under date of June 6, 1910, gave his

804 Public Papers of Goveknok tSuLZEB

personal guarantee of the payment of any deficiency
arising on such loans. A copy of such guarantee is
annexed, marked Exhibit " A. " Robin now disputes
his liability under this guarantee and this Department
intends to sue him thereupon as soon as the deficiency
is finally established by the sale of the balance of
collateral.

' ' So far as this Department has been able to ascer-
tain from a careful examination of the books and rec-
ords of the Northern Bank, there is no legal evidence,
other than Robin's unsupported word, which was re-
jected by Referee Hall, which tends to show that James
M. Grifford is liable to the Northern Bank on account
of these loans to the Melrose Securities Company. If
the complainant will present any evidence upon which
the Department could reasonably expect to succeed in
holding any party other than Robin liable for these
moneys which were appropriated from the assets of
the Northern Bank, through the instrumentality of the
Melrose Securities Company, the Department would be
pleased to take prompt action.

' ' The third charge was :

" That this Department failed to present evidence
upon the trial of the claim of Messrs. GrifEord, Hobbs
& Beard for $15,000 on account of legal services which
would have shown that Joseph G. Robin was not an
officer or director of the Hamilton Bank, one of the
predecessors of the Northern Bank, at the time when,
according to the testimony of James M. Gifford, a cer-
tain contract was entered into between himself and
Robin for the employment of his firm as attorneys, and
that when complainant called this matter to the atten-
tion of the Department it failed to make application to
have such judgment set aside upon the ground that
fraud had been practiced upon the court and upon the

Removal Proceedings and Investigations 805

depositors and liatl neglected to take steps to recover
the moneys whicli, as complainant alleges, were liter-
ally stolen in this manner from the depositors.

" The hearings before ex-Judge Ernest Hall, the
referee, on this claim were concluded on the 24tli*day
of May, 1911. The present Superintendent qualified
as such on the 23d day of May, 1911, the day before
these hearings were concluded.

' ' It appears from the records in the case that on or
prior to March 15, 1911, Messrs. Gilford, Hobbs &
Beard, who acted as attorneys for the Northern Bank
of New York prior to its insolvency, presented a claim
to the Banking Department for the sum of $15,000 on
account of legal services rendered to the Northern
Bank and for disbursements, and at the same time
presented a written instrument signed by twelve of the
directors of the Northern Bank, dated March 4, 1911,
approving such bill and consenting that the same be
liquidated and paid in full at the sum of $15,000, and
certifying that in their judgment such bill was reason-
able, that the services were actually rendered and were
reasonably worth the amount claimed; that the dis-
bursements claimed were for the benefit of the North-
ern Bank ; that such firm of attorneys was duly au-
thorized to render the services and that they had actu-
ally rendered the services covered by the bill. There
was also presented to the Department at the same time
a certified copy of a resolution of the executive com-
mittee of the Northern Bank to the same effect, dated
March 3, 1911.

*' This Department had no knowledge of the arrange-
ments between the Northern Bank and its attorneys
prior to its insolvency other than it was able to ascer-
tain on inquiry from the officers and directors of the
bank and said attorneys themselves.

806 Public Papees oj' Govbenok Sulzee

"Accompanying tlie claim of Messrs. Gifford, Hobbs
■& Beard was also an affidavit by Anson McC. Beard,
one of tbe members of that firm, in wMcIl he stated,
among ' other things, that his firm was and ' is now
handling as attorneys for and on behalf of the said
Northern Bank of New York upwards of 200 actions
and proceedings for the recovery of money on which
deponent's said firm has a lien which will produce
more than sufficient to pay the annexed bill of de-
ponent's said firm. Deponent's said firm on payment
of the annexed bill, in compliance with the petition sub-
mitted, will deliver to such attorneys as the Superin-
tendent of Banks may designate all the pleadings,
papers, records and documents in all the aforesaid
actions and proceedings and will surrender and cancel
their attorneys' lien thereon.'

" The then Superintendent of Banks, relying on
such affidavit, and upon the resolution of the executive
committee and upon the certificate of the directors of
the Northern Bank aforesaid, verified a petition to the
Supreme Court asking for instructions with reference
to the payment of this claim, and the matter was sub-
mitted to Mr. Justice Newberger, who handed down a
decision in which he declined to instruct the Depart-
ment on such application.

" On or about April 10, 1911, Joseph G-. Robin, who
had been chairman of the executive conxoiittee of the
Northern Bank, through Messrs. Myers & Goldsmith,
his attorneys, filed objection to the allowance of this
claim on the ground that all legal services rendered
by Gifford, Hobbs & Beard were covered by an annual
retainer of $5,000, which had been paid them by the
bank.

' ' Upon due notice to all parties concerned, this De-
partment applied on April 14, 1911, to Mr. Justice

Removal, Pboceedin'gS' and Investigations 807

Blanohard, "who was the justice of the Supreme Court
sitting in Special 'Term, Part I; for instructions with
reference to such claim and the objection filed thereto,
and on the 17th day of April, 1911, Mr.' Justice Blanoh-
ard made an order appointing former Judge Ernest
Hall referee to take proof and report to the court with
his opinion upon the claim of Gifford, Hobbs & Beard
and upon the objection of, the allowance thereof filed
by Joseph G. Eobin.

" Pursuant to this order, hearings were begun on
April 21, 1911, and continued until May 24, 1911. In
all there were seven hearings and 208 pages of testi-
mony were taken. At all these hearings Joseph G.
Robin, as objector to the bill, appeared by Messrs.
Myers & Goldsmith, his attorneys. This Department
supplied B'Obin and his attorneys with all information
relative tq the matter in hand, which he desired to
facilitate him in sustaining his objection. The referee
held two sessions at the district attorney's office, where
Robin was then confined, and Robin personally at-
tended at the office of Judge Hall on at least one occa-
sion. Robin's attorneys cross-examined the claimants
exhaustively and Robin himself testified at length, con-
suming the entire time of the referee at the sessions
held on May 12 and May 22. 1911. Robin expressly
raised the pdint that he was not a director of the Ham-
ilton Bank at the time Messrs. Gifford, Hobbs & Beard
asserted he had entered into the contract with him
retaining this firm as attorneys and so testified at page
190 of the record. He admitted, however, he had a
contract with William R. Montgomery, the former
president of the Hamilton Bank, for the purchase of
the controlof the stock of that bank, and there was
testimony before the referee to the effect that the bank
was during the entire period in question under the

808 Public Papers of Gov^knoe Sulzbb ,

control of Eobin, who selected its board of directors
and appointed its officers; also that at various times
after Eobin admittedly became chairman of the board
he confirmed the contract alleged by the claimants.

" On or about the 13th day of June, 1911, Referee.
Hall made his report. Exhibit ' B ' attached, which
concludes as follows:

' ' ' This bill was approved by the executive com-
mittee and a majority of the board of directors
of said bank, and was, and is, in all things fair
and reasonable. The services rendered by the
claimants to said bank were of great value and
importance and were fully worth the amount
claimed therefor.

" ' I, therefore, recommend that the claini of
Gifford, Hobbs & Beard, the claimants herein,
against the Northern Bank of New York, be es-
tablished and allowed at the sum of $15,000 (Fif-
teen thousand dollars) and that the objections of
Joseph G. Robin to the same be overruled.'

"A motion was made by Messrs. Gifford, Hobbs &
Beard before Mr. Justice Gavegan, sitting at Special
Term, Part I, to confirm this report upon due notice
to all parties interested and after due consideration
Mr. Justice Gavegan sustained the report and by an
order dated; July 5, 1911, directed the Superintendent
of Banks of the State of New York in charge of the
Northern Bank of New York in liquidation, to accept
such claim and pay the same pro rata with other valid
claims out of the assets applicable thereto.

" Suibsequently, long after the time to appeal from
such order had expired, the complainant made demand
on this Department that it in some way attempt to
reopen the case on the ground that various members

Removal Pboceedings and Investigations 809

of the firm of Gifford,. Hobbs & Beard bad misled the
referee by testimony that Robin was chairman of the
board of directors of the bank at the time the alleged
contract for services was entered into which was'con-
trary to the fact.

" Upon this claim being made this Department
caused a careful examination to be made of the record
of the trial of the said claim and concluded that the
facts with relation to Robin's connection with the
bank had been fully brought out before and that the
record presented no grounds from which it could be
inferred that the referee had misunderstood the exact
relation which Robin bore to the Hamilton Bank. The
question of whether or not Robin was chairman of the
executive cqmmittee or a member of the board of
directprs of the, Hamilton Bank at any particular time
does not appear to have influenced the referee in allow-
ing the claim.

" In view of the foregoing, it seemed to this De-
partment that any further attempt to litigate this
issue WQuld result only in an additional charge upon
the assets of the Northern Bank for casts and expense
and that no reversal or modification of the determina-
tion of Referee Hall of the amount of the claim of
Messrs. Grifford, Hobbs & Beard could be reasonably
expected and the complainant was so notified.

" In taking this position the Department was fur-
ther influenced by the discovery that in the minutes
of the executive committee of the Hamilton Bank the
following entries appeared which were not offered in
evidence before Referee Hall, viz.: January 18, 1908.
Upon motion of Mr. jlnthony Stumpf, duly moved and
seconded, Messrs. Grifford, Hobbs & Beard were ap-
pointed counsel for the bank. May 26> 1908. - Moved
and seconded that Messrs. Grifford, Hobbs & Beard

810 Public Papeks of Govbenob Stjlzek

be paid at the rate of $1,000 per monith from January
20, together with any disbursements unpaid. Motion
carried. Mr. Grifford not voting. Had Messrs. Crif-
f ord, Hobbs & Beard relied upon these resolutions in
asserting their claim and asked payment in accord-
ance therewith, the amount of their recovery would
have been considerably larger than that which was
actually allowed them by Referee Hall, and later con-
firmed by the court.

" On or about May 31, 1912, Joseph G. Robin filed
charges with the Appellate Division of the Supreme
Court againsit the law firm of Rollins & Rollins, who
represented the Banking Department at the time when
this claim of Gifford, Hobbs & Beard was litigated,
in which he alleged that this firm had not properly
represented the interest of the creditors, etc., in con-
nection with this claim of Gifford, Hobbs & Beard.
The Appellate Division of the First Department in its
opinion recently handed down dismisses these charges
against the attorneys for the Banking Department and
states in its opinion as follows : * As to the firm of Rol-
lins & Rollins, we can see no fact alleged which would
in the slightest reflect upon their professional char-
acter.' ■ '

' ' The fourth charge was :

" That the Banking Department has neglected and
refused to take such steps as are necessary to secure
the assets of the Commonwealth Construction Com-
pany for the payment of its debts to the Northern
Bank and to the Bankers Realty & Security Com-
pany, another debtor of the Northern Bank, complain-
ant alleging that such assets were illegally diverted
by one Charles A. Voetech, a clerk in the office of
Messrs. Gifford, Hobbs & Beard.

Removal Peoceedings and Investigations 811

"Among the assets of the Northern Bank of New
York at the time when possession was taken by this
Department, there were two notes made by the Com-
monwealth Construction Company, one dated Novem-
ber 12, 1910, due January 12, 1911, for the sum of
$3,060, and the other dated December 2, 1910, due
April 3, 1911, for the sum of $1,500.

" The Commonwealth Construction Company was a
corporation under the control of Robin, which was
engaged in the business of road building. Its prin-
cipal office was in the Times Building in the city of
New York, adjoining Robin's personal office. So far
as ascertained by this Department, the company was
inactive and had no visible assets.

" Investigation developed that there were three
companies with precisely the same name and domi-
nated by the same persons: ' Commonwealth Con-
struction Company ' — one organized under the laws
of New Jersey ; the second under the laws of Delaware
and the third under the laws of Pennsylvania. The
books of the Northern Bank contained nothing to in-
dicate which company was the maker of these notes.

" Inquiries were made of Robin and various officials
of the Northern Bank, but no definite information was
obtained. On or about September 19, 1912, Robin
wrote this Department, calling attention to certain tes-
timony taken in the matter of the Bankers Realty &
Security Company, a bankrupt. This testimony, and
the books of account and corporate records of the sev-
eral Commonwealth Construction Companies, which
were then in the possession of Commissioner Grilchrist
of the United States District Court, were examined by
this Department.

" It was then determined to take steps to recover

812 Public Papers of Goveenor Sitlzer

the funds and property of the Commonwealth Con-
struction Company which had been transferred
through the form of a sheriff's sale in Essex county,
N. J., to the Continental Public Works Company and
to have the same applied in payment of the notes held
by the Northern Bank and the other just creditors.
However, before any action attacking this transfer of
assets could be legally instituted by the Northern
Bank, it was necessary that the Northern Bank obtain
judgment against the Commonwealth Construction
Company, have execution issued thereon and returned
unsatisfied.

" No officer of the Commonwealth Construction
Company of Pennsylvania, which had owned the assets
in question, could be located -within the State of New
York, but on December 3, 1912, this Department ascer-
tained from the Secretary of State of New Jersey,
that William B. Spencer, of Montclair, N. J., was
the agent of the company upon whom process could
be served within the State of New Jersey. On Decem-
ber 5, 1912, however, a petition in bankruptcy was
filed against the Commonwealth Construction Com-
pany in the United States District Court for the
Southern District of New York and Hiram Barney,
an attorney-at-law of the State of New York, was
appointed receiver of its assets.

" Recently the attorneys for the Continental Public
Works Company moved before Judge Mayer of the
United States Court for an order turning over to them
the books of the Commonwealth Construction Com-
pany and of the Continental Public Works Company,
left in possession of Commissioner Grilehrist. This
Department opposed this application and an order was
recently granted directing that the hooks and papers
in question be delivered to Mr. Barney as receiver.

Removal Proceedings and Investigations 813

'' This Department is informed that the receiver
named is engaged in investigating the very com-
plicated affairs of the Commonwealth Construction
Company and that he expects shortly to take action
to recover from the Continental Public Works 'Com-
pany, and from those interested therein, any property
which was illegally diverted from the Commonwealth
Construction Company and to distribute the proceeds
pro rata among the creditors of the Commonwealth
Construction Company, including the Northern Bank.
This Department intends to support Mr. Barney in the
efforts which he is making in this direction and expects
eventually to realize something on these notes. The
information of the Department is, however, that the
assets of the Commonwealth Construction Company
were worth much less than $40,000, the amount men-
tioned in Mr. Cameron's communication.

' ' The last charge was : •

* ' That the Banking Department sold for $204 bonds
of the La France Copper Company of the par value
of $170,000, worth $10,000 or $15,000.

" In the month of July, 1911, this Department in
the course of its liquidation of the affairs of the
Northern Bank sold at public auction some twenty-
four different lots of stocks and bonds, consisting of
securities either owned or held by the Northern Bank
as collateral. This sale was advertised to be held by
Adrian H. MuUer & Co., the well-known public auction-
eers, on "Wednesday, July 5, 1911, at 12.30 o'clock at
the Erchange Salesrooms, No. 14-16 Vesey street.
New York city. Among the securities offered for sale
were $172,000 bonds of the La France Copper Com-
pan>- of the par value of $1,000 each, which bonds the
bank lield as collateral for $158,486.37 borrowed from
the bank by Joseph G. Robin.

814 PxjBJLic Papers of (rovERNOK SuXjZEk

" On June '26, 191.1, tliis Department addressed a
notice to Joseph G. Robin, care of his then attorneys,
Messrs. Myers & Goldsmith, 100 Broadway, inform-
ing him that unless this indebtedness was paid by 12
0 'clock noon July 3, 1911, the collateral would be sold
at public auction on July 5. A copy of this notice was
also sent to Peter Alexander, Receiver in Bankruptcy
for Joseph G. Robin, No. 92 William street.

" Robin failed to pay his indebtedness and this
Department thereupon announced such sale by adver-
tisements as follows :

In the New York Times .Saturday, July 1, 1911

Tuesday, July 4, 1911

Wednesday, July 5, 1911

In the Wall Street Journal (Morning

Edition) , . . ". Monday, July^ 3, 1911

Tuesday, July 4, 1911

In the New York Tribune Tuesday, July 4, 1911

In the New York Evening Post. . .• Monday, July 3, 1911

" This Department also caused posters to be pre-
pared and distributed advertising the sale to the high-
est bidder at public auction of each of the several par-
cels which the Department was offering. In such
posters the La France Copper Company bonds were
described in large type as follows :

$172,000. La France, Copper Company, 1st mortgage 6% Gold
Bonds, due 1932, interest January and July.

" On the date of such sale the auction rooms were
thronged as is usual on such occasions and the various
lots of property offered by the Northern Bank were
offered for sale separately by the auctioneer, and
araojig such being $172,000 La France Copper bonds
above referred to. These were knocked down to the
highest bidder who paid $210 for the lot. The pur-

Removal Pkooeedings and Investigations 815

chaser was unknown to this Department or anyone
connected with it. Before advertising this sale this
Department caused inquiry to be made regarding the
value of these La France Copper Coupon bonds^from
brokers, dealers in unlisted securities, etc., but was
unable to obtain any offer on these bonds or to learn
that they had any actual value whatsoever. ' '

Accompanying Superintendent Van Tuyl's answer
to the Governor were copies ^of Eobin^s guarantee to
p&y any deficiency in collateral arising from the loans
to the Melrose Securities Company; the opinion of^
Ernest Hall, referee in the matter of the claim of
Gifford, Hobbs & Beard for services; letter of Super-
intendent of Banks to District Attorney Whitman pro-
testing against the release of Eobin on suspension of
sentence and the reply of District Attorney Whitman
thereto ; also detailed ■ statement 'of transactions of
Joseph G. Eobin, through his various corporations,
with, the Northern Bank of New York, Washington
Savings Bank and Carnegie Trust Company, which
were in violation of the civil or criminal law.

Charges by Depositors of the Washington Savings Bank
Lodged with Governor Sulzer against Superintendent
Van Tuyl

Albany, N. Y., February 21, 1913

Governor Sulzer jrefjeiyecj; the following letter :

" Hon. William Sulzek, Gover'fior of the State of New
York:
' ' YoiTE Excellency. — The undersigned as Chair-
man and Secretary of a committee of depositors of

816 Public Papers of Goveknor Sulzer

tke Washington Savings Bank respectfully complain
against the Superintendent of Banks of the State of
New York, in that said Banking Department has, not
been diligent or efficient in conserving; and gathering
the assets of the Washington Savings Bank, as more
specifically set forth hereafter.

' ' First : It seems that Joseph Gr. Robin was indicted
and pleaded guilty, and has been sentenced for steal-
ing money from the Washington Sayings Bank under
the following circumstances: That for the purpose of
procuring money from the bank, collateral security
was put up in the shape of participation agreements,
in a mortgage of $350,000, covering what is known as
the Morris Park property, being a large tract of land
in the borough of the Bronx, formerly used as the
Morris Park race track. The theory of the crime
charged against Eobin was that said mortgage did not
exist in fact, and that the participation agreements. of
said mortgage were intended to deceive. In other
words that the participation agreements had been
given of a mortgage which did not in fact exist. Some
time during the month of August, 1912, we are in-
formed that one Frederick K. Morris, a former asso-
ciate of Robin, testified in a proceeding that said
mortgage did exist; that he himself had signed it as
an officer of the company, and had forwarded it to the
office of Grifford, Hobbs & Beard to be signed there by
another officer of the company, and recorded. Had
this mortgage been recorded, the Washington Savings
Bank would have had ample security for the money it
loaned, and consequently no theft of such money could
possibly -have been committed. The entire amount of
the participation agreement was approximately $208,-
000. The money being advanced by a number of
checks. We have been informed by an officer of the
bank that these checks were ordered by one James T.

EeMOVAJL PbOOEBDINGS and InVfiSTIGATIONS 817

Wood, vice-president of the bank, and we are further
informed that the telephone record of Robin's office
discloses the -fact that on the day the checks were sent,
and for several days previous to that, no telephone
messages bad gone from Eobin to the bank, but several
had gone from James T. "Wood fto the bank. This, in
effect, bearing out a statement of an officer of the bank
that Wood had in fact ordered Ithe checks. In view
of the fact that; Frederick K. Morris testified that such
a mortgage did- exist, and in view of the fact that if
the validity of such a mortgage could be established,
it would result in the payment to the credit of the bank
of $?08,000 and interest, we charge that the Banking
Department has not fulfilled its duty in not seeking
to establish the validity of that mortgage. Mr. Robin
has brought an action (Borland vs. Fidelity Develop-
ment Co.) to establish the validity of that mortgage.
If he is successful in that action it will result in that
amount of money being placed into the hands of the
depositors where it belongs. The Banking Depart-
ment has been negligent in not prosecuting that action
itself, and in hindering and obstructing Mr. Robin in
his efforts to recover this amount of money for the
depositors of the bank. ■.- .

" Second: Between fifty and sixty thousand dol-
lars of the money belonging to the depositors is being
withheld from us by the Banking Departtnent ' pend-
ing litigation. ' , This alleged litigation is between the
Banking Department representing ther Washington
Savings Bank and the Banking Department represent-
ing the Northern Bank of New York. It is respect-
fully submitted that the Banking Department, having
possession of all the facts of the case, litigation of
any kind was unnecessary, and a waste of the depos-
itors ' money. It is further subinittfed that even if such
litigation was an honest attempt on the part of the

818 Public Papers of Gtovbknok Sulzer

Banking Department to secure the protection of a
court order for the distribution of the funds of the two
banks, that the Banking Department has been grossly
negligent in not winding up said litigation long ago.
It is a Well-known fact that the Banking Department
has a preference in the Supreme Court, and could
bring on an action to be tried very speedily, and could,
had it so desired and had it been working in the in-
terests of the depositors, have disposed of this action
a very long time ago. The withholding of this money
from the depositors of the Washington Savings Bank
imposes a very great burden upon them, as they are
for the most part extremely poor persons, some of
them in abject poverty. The money they put in there
represented in many cases the hard-earned savings
of a lifetime.

"We sincerely trust that Your Excellency will in-
stitute a very thorough investigation of this matter.
We are not represented by counsel, the depositors
being too poor to retain counsel. Such information
as we have has been obtained through the personal
efforts of a few of us who are not familiar with the
ordinary routine of legal affairs, and Your Excellency
can easily appreciate the difficulties which beset us in
even obtaining the meagre information which we now
lay before you. We have visited the Banking Depart-
ment several times ; once we asked for a dividend,
and were told that the Supreme Court prevented them,
from paying a dividend of less than 10 per cent., and
that they did not have sufficient funds to pay 10 per
cent. A short time after that they paid a dividend
of 8 per cent. This inconsistency arouses our sus-
picion, and creates a feeling of distrust in our minds,
because it is something we cannot understand. We
have interviewed Mr. Eobin, and the story he tells

Removal, PRocEEDiNUrt and Investigations 819

us appears to us to be more in accordance with, the
true facts than the information which we have ob-
tained from the Banking Department. For instance,
the BanMng Department foreclosed a $45,000 mort-
gage against property belonging to Robin on Long
Island, and we were told that the Banking Depart-
ment bought in the property on the sale, and had since
been unable to obtain more than $20,000 for it. Mr.
Robin told iis that they had been offered as high as
$47,000 for it, and that he would procure the signing
of a contract by a responsible party, at any time, to
pay $45,000 for the property, and pay all cash in thirty
days. We respectfully urge Your Excellency to sum-
mon Mr. Robin before you, because we believe that he
is the only honest man in possession of all the facts,
who will freely and frankly disclose them. The de-
tails of the transactions are too much for us to handle.
Mr. Robin knows them all and we trust you will give
him an opportunity for our sakes to disclose these
facts to you. Especially in view of the reported state-
ment of the Hon. Frank Moss to the effect that he did
not believe Mr. Robin to be guilty of the charges on
which he was indicted.

" Very respectfully submitted,

" AUG-USTUS E. BELSER, M. D.,

" Secretary Depositors' Committee,
Washington Savings Bank, No.
314 W. 58th St., Borough of Man-
hattan, New York City.

" CHARLES D. USINGER,

" Chairman of the Depositors'
Committee of the Washington Sav-
ings Bank, No. 163 W. 60th St.,
Borough of Manhattan, New Y6rk
City." "■ '"■'

S20 Public Papkks (jk GrovBXiNOE Sulzer

The foregoing letter was transmitted to Superin-
tendent Van Tuyl, who makes the following reply :

"Albany, N. Y., February 20, 1918

" Hon. William Stjlzee, Executive Chamber, Albany,
New York:

" Dbae Sie. — In answer to the charges made against
the State Superintendent of Banks by individuals
claiming to represent a Committee of Depositors of
the Washington Savings Bank, now being liquidated
by this Department, I beg to state the facts as they
actually exist.

" First: Concerning the charge that the Banking
Department has taken no steps to recover from the
Fidelity Development Company the sum of $208,000
belonging to the Washington Savings Bank, which Mr.
Joseph G. Robin was accused of stealing, the facts
are as follows:

" It appears from the books of the Washington
Savings Bank that the bank paid out about $208,000,
which purported to be for the purchase of participa-
tion certificates in a mortgage executed by the Fidelity
Development Company to the Title & Guaranty Com-
pany of Rochester for $350,000. Participation certifi-
cates in this alleged bond and mortgage were issued
by the Title Company of Rochester to the Washington
Savings Bank to the extent of $90,000: No mortgage
was ever recorded, and so far as we can ascertain, no
such mortgage was ever made. For the balance of the
money, amounting to about $118,000', the Washington
Savings Bank received no evidence of indebtedness or
security whatever. On the testimony of Mr. Frederick
K. Morris, and others, before the grand jury that no
such mortgage was ever made, Robin was indicted for
stealing the above amount of $208,000.

Removal Proceedings and Investigations 821

" To one of the counts of this indictment charging
specifically the larceny of $27,000' from the Washing-
ton Savings Bank, which $27,000 was part of the
money paid for the alleged mortgage, Robin pleaded
guilty and on this plea of guilty has been sentenced
to one year in the penitentiary by Justice Seabury.
About a year and a half after the plea of guilty had
been entered, and after Robin had had an opportunity
of thoroughly examining all the books of the various
corporations in which he was interested, he raised the
contention for the first time, to our knowledge, that
the mortgage actually did exist, and that he was not
g5uilty of the charge of larceny to which he had pleaded
guilty.

" He then requested that the Banking Department
institute an action on behalf of the Washington
Savings Bank to establish the said alleged mortgage
as a lien upon the property of the Fidelity Develop-
ment Company, on the ground that the mortgage had
been executed and in some way had been lost or de-
stroyed. He referred to the testimony which he had
obtained from Mr. Frederick K. Morris, which he
stated was to the effect that Mr. Morris now remem-
bered having signed such a mortgage as secretary of
the Fidelity Development Company, and that it had
been sent by a messenger to the office of Gifford,
Hobbs & Beard, attorneys for the Fidelity Develop-
ment Company, for the purpose of having the said
mortgage signed by the president of the company and
placed on record.

' ' This is the only proof which Mr. Robin could offer
that a mortgage had been executed.

" The question was referred to the attorney desig-
nated by this Department to act as attorney for the
Washington Savings Bank, and before a final decision

822 PUB1,IG PAl^JiltS 01<' GOVEKNOR SuLZEK

was rendered, a careful examination was made of the
facts by Mm and the examiners for this Department.
This examination disclosed that the actual amounts
paid out by the Washington Savings Bank, extending
over a period from April 14, 1910, to N(5vember 15,
1910, aggregated the sum of $207,944.72. All of these
checks, except one dated October 18, 1910, for $15,000,
were signed by Joseph G. Eobin, as president. The
$15,000 check was signed by James T. Wood, as vice-
president. None of these checks were payable to the
Fidelity Development Company. Of this amount, the
sum of $80,000 was used in part payment of a large
block of stock in the Aetna Indemnity Company, a
corporation dominated and controlled by Mr. Robin,
and which is now in the hands of a receiver. The bal-
ance of the money was used to pay the indebtedness
of Mr. Robin or some of the corporations controlled
by him. In particular, the sum of $27,000 which Robin
was charged with stealing, and to which he has pleaded
guilty and was sentenced to one year in the peniten-
tiary, was paid by checks dated August 17, 1910, and
was applied as follows : About $12,869.17 was used to
make final payment on a note made by Joseph Gr.
Robin to Peter B. Bradley; $10,000 was used as part
payment on a loan of Joseph Gr. Robin held by a New
York bank, and $4,000 was used to purchase forty
shares of stock in the Northern Bank, a banking cor-
poration controlled by Robin and now being liquidated
by this Department.

" Mr. Frederick K. Morris was also interviewed
after the alleged testimony referred to by Mr. Robin,
and he reiterated that he had never signed a completed
mortgage and that his testimony taken as a whole was
not an admission that he had. However this may be,
it is an undisputed fact that before the mortgage, if

Removal, Proceedings and Investigations 823

drawn, could be valid, it would .require the signature
of the president and a delivery to the Title and Guar-
antee Company of Rochester, the mortgagee. It is
not claimed by the committee that the president
signed it and the president, I am informed, denies
that he ever saw it. Although the Title and Guarantee
Company of Rochester, a corporation controlled by
Robin, which is now being liquidated by the Superin-
tendent of Insurance, issued participation certificates
to the extent of $90,000 in the alleged mortgage, there
is no entry in its books of the receipt or existence of
the alleged mortgage.

" In view of the above facts and in view of the fact
that Robin pleaded guilty to the charge of larceny
of part of the cdnsideration for the alleged mortgage,
this Department was advised by its attorney that there
was not sufficient evidence on which the existence of
a mortgage could be legally established or the money
paid recovered from the Fidelity Development Com-
pany, and advised the Department not to bring suit
for that purpose, and Mr. Robin was informed of that
decision.

' ' The above facts were all before Justice Seabury
when Mr. Robin was arraigned for sentence, and the
claim urged by the alleged representatives of de-
positors were then advanced by Robin's attorney and
Robin's innocence asserted. Justice Seabury, in pro-
nouncing sentence, reviewed the history of Robin 's
case, recalling that when first arraigned to plead to
the indictment, his counsel had refused to plead on
the ground that Robin was insane; that the, issue of
insanity was then tried out before a jury which de-
termined that he was sane ; that he thereupon pleaded
guilty to one count; Justice Seabury then character-

824 Public Papers of Govpbnor Sulzkr

ized his present clainj of innocence as ' only another
attempt to cheat the law ' and' imposed sentence.

" The claim of; Robin that the checks were ordered
by Wood withomt his knowledge is entitled to little
weight in view of the fact that 3,11 the cliecks except
one for $15,000 were signed by Robin as president of
th,e bank, and the proceeds used to liquidate his per-
sonal indebtedness or that of his companies.

' ' This Department hg,s cornmenced ari action on be-
ha,lf of the Washington Sayings Bank against the Title
aijd Guarantee Company of Rochester to recover, the
^amounts paid to it for participation certificates
amounting to $137,000- $90,000 of which participation
certificates were actually issued. This action is based
upon the .contention that there was no mortgage exe-
cuted as the basis for these participation certificates.
It is inconsistent with an action against the Fidelity
Development Company to foreclose the alleged mort-
gage and it is the only action, as I am advised by the
attorney -for the Department, in which we can succeed.
J "This Department has appeared in the action of
Dorland vs. Fidelity Development Company, e|;.,al., an
action instigated by Mr, Robin and now pending in the
Supreme Court of New York county, and filed an
answer asking that the court render such judgment in
the case as equity may require. The plaintiff in that
action has not been hindered or obstructed in any way
by the Superintendent of Banks or his attorney in that
suit, and the charge made to that effect is false.

" Second: As to the charge that the, sum of about
$60,000 is being withheld from the depositors of the
savings bank pending litigation, the facts are as
follows :

"When this Department took possession- of the
Northern Bank and the Washington Saviiigs ^feank

Removal Proceedings and Investigations 825

there were in possession of the Northern Bank certain
bonds and mortgages made to the Maclay Avenue
Realty Company, as mortgagee, aggregating the sum
of ahout $69,900. The Maclay Avenue Realty Com-
pany was a real estate corporation owned entirely by
the Northern Bank, and the mortgages had been re-
ceived from purchasers of lots sold to it, in part pay-
ment of the purchase price. The Washington Savings
Bank held assignments of these mortgages to it by the
Maclay Avenue Realty Company, which assighments
had been duly recorded. The Northern Bank also held
assignments of the same mortgages, executed by the
Maclay Avenue Realty Company, which had not been
recorded. The Washington Savings Bank had paid
for the mortgages by checks payable to the Bankers
Realty & Security Company, a corporation controlled
by Robin, and claims the mortgages by virtue of such
payments and the assignments. The Northern Bank
claims the mortgages by virtue of an agreement with
the Maclay Avenue Realty Company requiring that
company to assign such mortgages to the bank as soon
as received and also by virtue of the assignments it
holds. The question as to which bank is entitled to the
mortgages could not be determined by the Superin-
tendent of Banks, and an action was therefore started
by the Northern Bank and the Maclay Avenue Realty
Company against the Washington Savings Bank, to set
aside the assignments to the savings bank which had
been recorded as a cloud on the title of the Northern
Bank. The Washington Savings Bank interposed an
answer in this suit containing a counterclaim demand-
ing the return of the bonds and mortgages' to it. This
action is now on the calendar of the Supreme Court
and will shortly be reached for trial. Preliminary ex-

826 Public Papees op Goveenok Sulzbb

aminations before trial have .been arranged for be-
tween the attorneys, the taking of which has been- de-
layed because of the long illness of Mr^ F. K. Morris,
one of the witnesses to be examined. The depositors
are suffering no delay, however, as soine of the mort-
gages have not been paid and foreclosure proceedings
are now pending. The Superintendent of Banks has
opened a special account for the receipt of interest and
principal collected on these mortgages pending the
trial of the action^ and a stipulation has been entered
into by the attorneys that the unpaid mortgages may
be foreclosed in the name of the Washington Savings
Bank, so that the collection of the mortgages is not and
will not be delayed.

" Third: As to the foreclosure of the mortgage for
$45,000 on property belonging to Mr. Robin, the facts
are as follows :

" The mortgage referred to was made by the Wad-
ing River Realty Company, a corporation owned- en-
tirely by Joseph Q. Robin and which owned Robin's
residence at Wading River, L. I. It had no other
assets and was apparently formed for the sole purpose
of taking title to this place. The mortgage was made
by this corporation to the Washington Savings Bank
on the residence of Mr. Robin for $45,000. Default
was made on the mortgage and an action to foreclose
it was commenced. One of the defendants, a subse-
quent mechanic 's lienor, interposed an answer alleging
that the mortgage was void because two-thirds of the
stockholders of the Wading River Realty Company
had.not consented to its execution, as required by law.
Mr. Robin himself owned or controlled the entire stock
of this company and in securing tliis loan from the
Washington Savings Bank, of which he was president,
he was violating the law which prohibits an .officer of a

JtifiMOVAL I'kOOBBDINGS AND LwESTICiATIONS 827

savings bank from borrowing its money. While pre-
paring for trial the attorney for the bank was in-
formed that an agreement had been drawn up between
Mr. Loper, the answering defendant, and Mr^ Robin,
through his attorney, whereby Robin agreed to assist
Loper in establishing said defense and was to share in
some way in the profits if successful. Mr. Robin when
asked as to the existence of this agreement admitted
that such an agreement was drawn up and that he had
made such an arrangement. He then stated that he
did not intend to keep the agreement and would testify
for the savings bank, if called. When the case came
up for trial defendant Loper defaulted and judgment
of foreclosure was entered. The property was sold at
public sale and bid in by the Banking Department for
$42,000 and it is still owned by this Department.

' ' No offer has ever been rctade of $47,000 for the
property. Negotiations were pending a few weeks ago
to sell the property for $45,000, but the attorney for
the prospective purchaser finally stated that his client
had withdrawn. No offer has been received from Mr.
Robin, nor has he ever communicated an offer of any
other person to this Department.

' ' I think it is extremely doubtful whether the alleged
committee making these charges are representatives
of any large number of depositors of the Washington
Savings Bank. The chairman, Charles D. IJsinger, i^ ■
not now a creditor of the Washington Savings Bank.
He was a depositor when the bank closed but on the
20th day of January, 1911, he assigned his claim to. the
Gotham National Bank and notice of the assignment
was served on this Department. Two dividends, have
since been paid to the Gotham National Bank on this
claim without objection by Mr. Usinger.

828 PuBiiiG Pai'ees of Govehnok ^vhzaa

" The committee was appointed at a meeting of
depositors held on October 16, 1912, pvirsuant to a
notice sent out by representatives of Joseph Gr. Robin
after the refusal of this Department to institute the
action to foreclose the alleged Fidelity Company
mortgage above referred to. The notice read as
follows :

DEPOSITORS

of the

WASHINGTON SAVINGS BANK

Men and Women,

Don't Forget! Come Promptly!

MEETING

to

DEMAND ACTION

that will

Assure us all our money quickly,

TO-NIGHT
Wednesday, October 16th, 1912,

at 8 P. M., Sharp.

SAVAGE INSTITUTE HALL

308 West 59th St., New York City.

" The meeting was attended by Mr. Robin's attorney
and a committee was appointed to consider what action
to take both civil and criminal and consisted originally
of about fifteen members. Representatives of the com-
mittee came to this Department and received a com-
plete statement of the financial status of the savings
bank. A meeting of the committee was later held, and
at the request of the committee a representative from
the office of the attorney for the Department attended
and explained to the members of the committee present
why an action to foreclose the mortgage could not
succeed. At this meeting the attorney for Mr. Robin

ReMOVAJj PllOCEEDIXUS AJSIJ In VBSTIbATIONS ■S29

was present and urged the committee to provide funds
to finance the action which had been commenced by
Louise Borland (Mr. Robin's private secretary), as a
depositor of the Washington Savings Bank on^behalf
of other creditors to establish the lien of tlie mortgage
referred to.

"After hearing the explanation of our representa-
tive, most of the members of the committee appeared
satisfied. I have reason to believe that the committee
in its present f orm.is not expressing the opinion of any
large number of depositors of the Washington Savings
Bank.

' ' Respectfully yours,

" (Signed) GEORGE C. VAN TUYL, Jk.,

" Superintendent of Banks "

Matter of Charges against Rhinelander Waldo, the Police
Commissioner of the City of New York

Albany, February 20, 1913

Police Commissioner Waldo Piles Answbe with Gov-
ernor SULZER TO THE ChAHGES MaDE BY HeNRY H.

Klein op New York City

Governor Sulzer received the following letter from
Commissioner Waldo of New York city:

"February 17, 1913

" Hon. Valentine Taylor, Counsel to the Governor,
Albany, N. Y. :
" Sir. — I am in receipt of your letter of February
13th, enclosing a communication addressed to his Ex-
cellency, the Governor, by Henry H. Klein.

830 Public Pai-krs ov (tovebnor Sulzer

i I

This commimication, in brief, states that ' The
efficiency and esprit de corps which existed in the de-
partment prior to the encumbency of the present com-
missioner is now lacking, and the members of the uni-
formed force are without confidence in their commis-
sioner.' I invite attention to attached extract from
resolution passed by the Patrolmen's Benevolent Asso-
ciation, dated December 15, 1912.

" Mr. Klein states that there is a general laxness in
the enforcement of law and order throughout the city.
Attention is invited to copy of the annual report of
the department, which is enclosed herewith.

' ' He further states that as many as a dozen murders
have occurred in the upper part of the Thirty-ninth
Precinct (East One Hundred and Fourth Street Sta-
tion) during a single month. This is not based on fact.
During the past four months there have been four
murders in this precinct, on which the detective divi-
sion is now working. This division has recently been
reorganized. Its increase in efficiency and the char-
acter of the work now being done by it will be seen by
reference to the figures contained in the annual re-
port, which shows a large increase in the efficiency of
this branch of the service.

" He alleges that officials were restored to duty who
were dismissed by former commissioners. This was
done in several instances upon approval of the Munic-
ipal Civil Service Commission and in conformity with
precedents which had been in existence for years in
the department.

" He alleges that a nmnber of policemen have been
appointed whose applications have been rejected by
previous commissioners. They were appointed in ac-
cordance with the law, upon recommendation of and

Eemovajo Proceedings . and Investigations 831

with the approval of the Municipal Civil Service Com-
mission, as after a careful examination of their rec-
ords, there appeared no reason why they should not
have been appointed.

' ' The complainant states that the commissioner had
faith in the innocence and integrity of a police officer
who had been accused until he was convicted. It is
hardly possible for the complainant to know whether
or not the commissioner did have such faith as he
alleges. This official could not be removed from the
department except upon proper charges.

" If there are any other points upon which expla-
nation is desired by His Excellency, the Governor, I
shall be pleased to enter more fully into the matter!
" Very respectfully
' ' ( Signed) RHINELANDER WALDO

" Police Commissioner "

Extract from Resolution Passed by Patrolmen's
Benevolent Association

., " We at this time desire to commend the adminis-
tration of Commissioner Waldo. , At no time in the
history of the department has its chief executive been
so loyally supported by or possessed of the absolute
confidence of the rank and file of the department as at
the present time. During the entire administration of
the present commissioner, the curse of politics has not
been felt by us in the department. He has exhibited
no favoritism. Patrolmen have not been needlessly
transferred from precinct to precinct. He has con-
sidered our welfare conscientiously, and by his fair
action and honesty of purpose, has given us the proper
support and encouragement in the performance of our
duties. We considered him pre-eminently fitted for

832 Public Papers oe Govebnob Sulzeb

the position which he occupies, and we know from the
confidence which he has inspired in us, that he has been
remarkably successful. Considering the fact that he
has directed the operations of over ten thousand men,
it is possible that, among these ten thousand someone
of them riiay have betrayed his confidence, but an iso-
lated act of treachery ouight not to and cannot discredit
his administration. ■

" Because of these facts, we pledge to him our con-
tinued united and unanimous support. ' '

The Governor caused the following letter to be sent
to Commissioner Waldo upon receipt of the above
letter :

" February 19, 1913

" Hon. Rhinelandee Waldo, Commissioner of Police,
Centre Street, New York City:
" Deae Sie. — I have your letter dated February 17,
1913, in regard to the complaint lodged by Mr. Henry
H. Klein, of New York city.

" Governor Sulzer directs me to advise you that he
will carefully consider what you state in your letter
and in the near future may advise yo-u further in re-
gard to the matter.

"Very respectfully
"(Signed) VALENTINE TAYLOR

" Counsel to the Governor "

Relative to the Removal of C. Gordon Reel as State
Superintendent of Highways

Statement by the Governor :

Albanv, N. Y., March 7, 1913

' ' In the interest of the public service I have come to
the conclusion that duty to the people compels me to

Removal PiiocjiEMjfws /^nu Investigations 833

remove Mr,.Eeel as Statei.Superi,nt^ndent of High-
ways," said Uovernor, Sulzer. " I have Ibeen, slow; to
act, and, very patient in tl^is case. As a nxatter of fact
I have been loath to take action, hoping that Mr. Reel
would follow my advice and the good counsel of ethers
and aid the Committee of Inquiry in its investigation.
He declined to do so.

' ' Since my return from the Inauguration at' Wash-
ington, information^ of a very grave character has
come to my knowledge which impels me to act at once
m this matter in the interest of the taXpaiyers of the
State.

" The Highway Departnient is in a deplorable con-
dition. To speak moderately, there has been great
waste and much incompetency in the construction and
maintenance of roads. I am determined in the future
to go slow and make no mistake, and see to it that the
taxpayers get a dollar's Worth of good roads for every
dollar expended of the j)eople's money. There will be
no more contracts let until we know more about them.
We want to get all the facts, and sooner or later we
will get them. J know, and every other man knows who
has common sense, that we can build and maintain ju-st
as good roads in the State of New York as they can
construct anywhere. We must do it, and we must do it
honestly and efficiently, and provide every agency for
economical maintenance.

:." There naust be no more waste, no more graft and
no more incompetency in; building and maintaining
good roads in this State. The people expect this, and I
have made up my mind to do all in my power not to
disappoint their expectal;ions.

" Temporarily, I have designated James H. Sturde-
vant, first deputy, to act as Superintendent of High-
ways, until further action can be taken.
27

834 Public Papers of Govebnok Sulzer

" That is all I care to sa'j^this afternoon," said the
Grovernor, in conclusion. "Later on, if necessary, I
may give out some important facts bearing directly on
the whole subject-matter. ' '

NdTicE OF Removal from Office

State pf.New, York- — -Executive Chamber

Albany, March 7, 1913

C. Gordon Reel, Esq., State Supermtendierit of High-
ways, b^ Lancaster Street, Albany, N. Y.:

Dear Sir.— -I hereby notify you that, pursuant to the
authority vested in me by section 11 of the Higiiway
Law, I remove you forthwith as State Superintendent
of Highways, in the interest of the. public service and
general welfare.

Yours truly

(Signed) WM. SULZER

State of New York — Executive Chamber

Albany, March?, 1913

Hon. James H. Sturdevant, First Deputy, State Su-
perintendent of Highways, 53 Lancaster Street,
Albany, N. Y.:

Dear Sir. — I hereby designate you, temporarily and
until further notice, to act as State Superintendent of
Highways, to perform all the duties and functions per-
taining to such office.

Yours truly

(Sighed) WM. SULZER

Removal Proceedings and. Investigations 835

Conclusions of the Committee of Inql^iey in Rela-
tion to the Conduct AisTD Administration of the
State Prisons

The Committee of Inquiry

Albany, N. Y., March 7, 1913

Hon. WiLWAM SuLZEE, Governor, State of'.New York,
Albany, N. Y.: .

, Sir. — C'oneeniiug , cer1;aiii publi,c (hearings and cer-
tain investigations. conducted under the supervision of
your Qonamittee in particular relation to the cop.duct
and ajdmimstr^tion of tb^e. State Prisons, we hiave here-
tofore handed you transcripts of the sworn statements

of= ■. ' ' . ':,'r - ," .

Joseph F. Scott.,; , Thomas W. Peirce,

Frederick 11. Itlills, John N..A,nhut,

Jphn -W. Russell, ' Gruss C. Roeder,

James V. May, Harry K. 3^h3.iiVj,

William F. Clark, John " G. , MoCpweH,

Walter Rohertson, Horace A. Hoffman,

H.H.Crocker, Dr. Austin G.; Flint. , ,

From an examination of this testimony and evi-
dence, we deduce the following conclusions, which, in
our opinion, require explanation and, if possible, justi-
fication by the Snperintendent of Prisons, viz.:

(1) That one Frederick H. Mills has been connected
with the Industrial Departments of the Prisons of the
State of New York since 1897 ; that he has been prac-
tically the operating head of the entire Industrial De-
partments of the Prisons; and up to a most recent date
was delegated with the power practically to regulate
the output, as well as the' sales ; that he was paid a
yearly salary by the State for his service; that at t'^-;

836 ■ PtJBLit! Papers of' Govebnoe Sulzee

same time and during wlueli time lie was paid such
salary by the State, he, Mills, had a private under-
standing with the Superintendent of Prisons that he
should be permitted to conduct a private business of
his own; that in the year 1911 the said Mills organized
the company known as the Hamlin Supply Company,
and associated with him in business one Carroll E.
Smith, a discharged employee' of the State Lunacy
Commission and who was removed from his office
charged with shortage in his accounts ; that said Fred-
erick H. Mills, notwithstanding the manifest imprd-
priety of his personal business dealings with institu-
tions of the State, was retained in his position by the
Superintendent of Prisons untir Your Excellency de-
manded his dismissal on the 27th day of February,
1913. In opposition to a report of Holi. John D. Mc-
Mahon, made in September, 1912, in which the super-
intendent contemptuously stated that he " took no
stock," although the facts found and the conclusions
reached were beyond question, and was so retained in
a position of practical control of the output of the
prisons and in practical control of the issuing of re-
leases to the various departments, and political subdi-
visions of the State required by law to purchase the
product of the prisons. The business done by Mills was
covered up under the assumed; name of The Hamlin
Supply Company and under the name of one Brown.
The Hamlin Supply Company was a, fictitious business
name, the business of which was' financed by said
Mills. The extent of this business has likewise been
concealed by Mills. , He refused to allow Mr. McMahon
an examination of the books of the so-called Hamlin
Supply Company. He was subpoenaed to produce
these books before this Committee,, but excused , the
nonproduction of the books by a statement of personal

Removal 'Pbgcebdings 'And Investigations 837

illness which pl'evented a visit to his office to procure
the books. He then promised to allow an examination,
but your Committee 's expert, after two visits to New
York to make such 'examina,tion,: was turiied'^away
on the pretext of Mills' continued illness. We ^cannot
admit any validity in this excuse of Mills ' illness, for
it furnishes no excuse for the denial of the examination.

(2) That numerous employees were discharged from
Clinton prison' by the Superintendent of Prisons for
grave offenses against the : laws of this State ; that
formal complaints were not made to the district attor-
ney of Clinton county; and that discharged employees
from Clinton Prison M'^ere subsequently again employed
by the State in other positions in the prisons of the
State.

(3) That at a public bearing before this Committee
the present Superintendent of Prisons stated that the
reason why' State officials who had been discharged for
malfeasance in office were not prosecuted was, that it
would do no good to prosecute them, and that it would
be useless to call the attention iof the prosecuting offi-
cers of Clinton feounty to these cases as they would
pay no attention to themj' and it would be impossible
to secure convictions in Clinton county; and later
stated, as a reason, that he could not get' a jury in
Clinton county to convict, although he had signed con-
fessions before several witnesses. This was an unwar-
ranted'attack upon the county judge and district attor-
ney of Clinton county and the electors residing therein
subject to jury duty, and there was no testimony given
or offered to your Committee by the superintendent or
anyone that would justify this attempt to impugn the
honesty of the local authorities and the community.

(4) That it appears from the evidence that the State
was -the owner of a large tract of timber land sur-

838 Ptjbmc Papeks of G-ovebnoe :Sulzeh

rounding Clinton Prison, and that the Superintendent
of Prisons had no right to sell timber on said land
without the concurring agreement of the State Comp-
troller. Despite this fact the Superintendent of Pris-
ons entered into a contract for the sale of a large
amount of said timber, and after said contract was
made the superintendent discovered the fact that the
contra,ct was not authorized by law and was obliged
to rescind the same and to advertise for bids in con-
nection with tlie sale of said timber; that said super-
intendent did readvertise said timber for sale and as a
result received offers which will net the State ap-
proximately $25,000 more than the contract first made.
It was thereafter necessary to make a settlement with
the original parties who purchased said timber upon
the basis of the j)rices which they contracted to pay in
the first instance.

(5) It was shown in the report made to the Gov-
ernor by Commissioners Van Kennen and Osborn that
at Dannemora Prison an improvident contract «as
made with one Louis Dupuis, by whibh he agreed to
cut the timber from lands owned by the State and de-
liver it to a mill owned by the State, saw it into lum-
ber and deliver this material to th« prison ; that this
contract furnished a profit on an average of about sixty
per cent., of the amount received; Despite this report
and the condemnation of the practice the records in
the Comptroller's office show that this contract has
been continued down to the present time and that the
same prices are now being paid as were paid when the
practice was condemned.

(6) That under statute the Superintendent of Pris-
ons is authorized to employ convicts iu State prisons
on the construction of toAvn and county roads outside
of incorporated villages. An appropriation was made

Removal Proceedings and Investigations 839

by the Lfegislature, chapter 818 of the Laws of 1911,
for roads built by convict labor, and out of this appro-
priation the Superintendent of Prisons caused to be
expended in the incorporated village of Dannemora
the sum of $1,301.91, which amount was abs»lutely
unauthorized by law.

(7) That it was further shown that under the admin-
istration of the present Superintendent of Prisons new
rules were put into effect governing the regulations
of persons confined at Matteawan State Hospital ; that
inmates were allowed to receive callers at frequent
periods; that as a result of said relaxation of rules
and regulations Harry K. Thaw was permitted unusual
liberties, and as was shown by the evidence, was per-
mitted to receive callers very frequently and to receive
and retain in his' possession large amounts of money
and securities, which securities and money he was able
to transmit through his agent to an attorney recom-
mended by the superintendent of the institution for
-the purpose of trying to procure his release from said
institution.

(8) That John W. Eussell, who was appointed su-
perintendent of Matteawau State Hospital on April
5, 1912, by the Superintendent of Prisons, testified
that sometime during the latter part of 1912^ he, Rus-
sell, was offered by a lawyer, John N. Anhut, in New
York City, twenty thousand dollars ($20,000), if he,
Russell, would discharge Harry K. Thaw, and that
this was reported to the Superintendent of Prisons
shortly after the event occurred; that it was not re-
ported to the district attorney of ihe oouTity of New
York. The Superintendent of Prisons testified that
this matter was brought to his attention on the 29ith
of January, 1913; that he did nothing in the matter
after the report of affairs from the superintendent of

840 PuBiiio Papeks of Gtoveknoe . Sulzkb

Matteawan, because he, the Superintendeiit of Prisons,
had made up his mind that it was to late to investigate
it, and, further, because he, the Superintendent of
Prisons, could not prosecute, as he had no corrobora-
tive evidence ; that after he had been advised of the at-
tempted bribery he made no investigation and took no
steps in any way to either punish the person making
the offer or to guard against the improper use of money
at said institution, stating that he. considered the ma1>
ter a closed incident. , . .

(9) It is further shown ithat Joha C. McDowell,
secretary to the Superintendent of Prisons, testified on
February 28, 1913, that he, McDowell, was correctly
quoted in the public press in a statement made by, Mm
concerning certain official matters, to the effect that
the Governor of this State ' ' Was either lying, misin-
formed, or mixed-up," and further referring to the
Governor in a most undignified and unbecoming man-
ner in the presence of the Superintendent of Prisons
land a number of newspaper representatives. Further,
that, so far as the records of this Committee show, the
said secretary to the Superiritendent of Prisons is
still retained in the employ of the State.

(10) It was stated in a report made by Commission-
ers Van Kennen and Osborn in 1911 that in their judg-
ment the prisons of the State could be made self-sus-
taining through the industrial department of the pris-
ons, and this opinion of theirs is sustained by testi-
mony taken from Sales Agent Mills and the present
Superintendent of Prisons. Although the revenues
from the manufactured products of prisons have
greatly increased in 1912 to $187,000, if a conscientious
and capable superintendent of industries, had been em-
ployed instead of having left the matter entirely ui^der

Eemoval Pkoceedings and Investigations 841

the, . direetion, of Mil^s ,^e prisons might have been

made self-:sust,aj.'iiii:ig before this time:

The foregoing facts are respectfully submitted for

your careful consideration and for such action oif your

part as you may deeiii for the best interest of the

State.

J. N. CARLISLE,
JOHN H, DELANEY,
H. GORDON LYNN,
: ^ , lOqmpijMee of Inquiry.

Matter of Charges and Specifications Preferred Against
Joseph F. Scott, Superintendent of State Prisons

State of New York — Executive Chamber

Albany, N.Y., Marc/i 12, 19121

GrovernoritSulzer caused to be delivered to Colonel
Scott, Superintendent of State Prisons,, the following
letter: : ,

March 12, 1913

Colonel Joseph F. Scott, Superintendent of State
Prisons, Capitol, Albany, N. Y.:

Sir. — Pursuant to stnd in accordance with the au-
thority vested in me by article V, section 4 of the Con-
stitution of the State of New York, I hereby transmit
to you a copy of charges against you as Superintendent
of ^.tate Prisons, and hereby advjse you that I will
afford you an opportunity to b,e h^ard in your defense
in regard to said charges, either in writing or orally,
onThursday, Mai^ch 13, 1913, at 12 o'clock noon, at the
Executive Chamber. ; ,

, . Yours truly

",,;', (Signed J , WM. SULZER

842 Public Papeks of (xovehnob Sulzeb

Chaeges and Specifications Against Joseph F. Scott,

SuPEEINTENDENT OF StATE PeISONS

State of New Yobk — Executive Chambee

In the Matter of Charges and Specifications Preferred
Against Colonel Joseph F. Scott, as Superintend-
ent of State Prisons

To Colonel Joseph F. Scottj Superintendent of State
Prisons :

I, William Sulzer, Governor of the State of New
York, pursuant to the authority vested in me, hereby
prefer the following charges against you as Superin-
tendent of State Prisons, and hereby fix the 13th day
of March, 1913, at 12 o 'clock noon, as the date on or
before which your answer to said charges sjiall be
filed with me ; and you are further notified that on said
13th day of March, 1913, at said time in the Executive
Chamber, in the Capitol, at Albany, and on such later
day or days, if any, as may be appointed by me, you
will be afforded an opportunity of being heard in your
defense, either orally or in writing.

The charges and specifications preferred against
you are as follows :

Charge I

NONFEASANCE AND NEGLECT OF DUTY

Specification I. In that Joseph F. Scott, Superin-
tendent of State Prisons of the State of New York.
having the superintendence, management and control
of State prisons and appointment of the agents, ward-
ens, physicians, and chaplains of the prisons, and of the
State Hospital for the Insane at Matteawaai, and hav-
ing appointed Frederick H. Mills, sales agent of the
Sta;te, Prison Department, and an official investigation
haviui;' been subsequently had of the official conduct of
said sales agent, which showed that said sales agent

Removal Proceedings and Investigations S43

was interested in a company whioli sold supplies to
State institutions in competition with prison manufac-
tured products, such conduct of said sales agent being
in derogation of the duty he owed to the people of the
State, and said wrongful conduct of said sales, agent
having been duly made known to the said Joseph F.
Scott, superintendent as aforesaid, the said superin-
tendent intentionally and wilfully neglected and re-
frained from dismissing said sales agent from said
office until the Governor of the State, on recommenda-
tion of a duly appointed Commission of Inquiry, de-
manded on or about February 28, 1913, that said Scott
should dismiss said Mills.

Specification II. In that Joseph F. Scott, Superin-
tendent of State Prisons as aforesaid, upon the resig-
riation of Robert B. Lamb, as Superintendent of the
State Hospital f pr the Insane at Matteawan, and, after
the civil service examiners had reported on July 20,
1911, that Dr. Amos T. Baker, the assistant superin-
tendent at said State hospital and thoroughly experi-
enced in care of the criminal insane as having attained
the highest percentage in the examination for the ofl&ce
of superintendent did nevertheless on August 11, 1911,
appoint as superintendent of said hospital, Dr. James
y. May, who, among several competitors had received
on examination the lowest percentage for said office
and was known to said Scott to be without experience
in the care pf the criminal insane.

Specification III: In that Joseph F. Scott, superin-
tendent as aforesaid, having upon the transfer of said
James V. May to be president of the State Oommission
in Lunacy, appointed one Dr. John W. Russell to be
Superintendent of tiie State Hospital for the Ii^sane Vi
Matteawan, and the said James V. May, anci said' John
W. Russell having about that tipie professionally ex-
amined Harry K. Thaw, an inmate of said hospital,

844 Public Papeks of Gtoveknoe i Sulzbb i / !

and noted the results of such examination in the case
book for said hospital, and, it having appeared in tes-
timony on July 2, 1912, during the inquiry on ^ritof
habeas corpus stted out of the Supreme Court at White
Plains before Mr. Justice Keogh, on behalf of said
Thaw, to test his sanity, that the said James V. May
had subsequently knowingly altered' the original hos-
pital case book report of said examination made by him
and by John W. Russell, and that even Thaw, himself,
was allowed to alter said record, and the official ste-
nographer of said hospital then required to make and
deliver to the said May eight of the corrected copies,
and that the said John W. Russell, during said inquiry
on habeas corpus, did not denounce such alterations to
the court, but told the court, on July 9; 1912,' that said
Thaw might be set free as sane, provided he, Russell,
be hired by said Thaw's family to act as a special at-
tendant l6st the paranoic commit another murder, and
full accounts of these proceedings having been pub-
lished in the daily newspapers, nevertheless the Said
Joseph F. Scott neither caused aiiy investigation to be
had as to these cited transactions nor suspended nor
dismissed said John W. Russell, for tie alleged con-
duct herein set forth.

Specification IV. In that' Joseph F. Scott, superin-
tendent as aforesaid, having appointed as aforesaid.
Dr. John W. RuSsell to be Superintendent of the State
Hospital for the Insane at Matteawan did fail and
neglect to maintain proper supervision over said State
hospital, in consequence whereof tlie said John W. Rus-
sell during the period he was superintendent aforesaid,
and until February 27, 1913, did knowingly permit
Harry K. Thaw, a criminal insane patient in Ms cus-
tody in said hospital, to receive and have large sums
of money, amounting to thousands of dollars and many

Removal Pboceedings and Investigations 8,45

v,aliial?le stocH^ and bonds, in, h^^ possession, and did
permit Horace ^l- Hoffiman many times , and Alfred
Henry Levpis, William F. Clark, John Nicholson Anhut
and, divers other persons a number of times and prac-
tipa,lly vi^hoever they so desired to see.tlie said ^sane
patient, Thaw, withput restriction^, and transact busi-
ness with;him, all without any official surveillance over
said patient, and did in wilful neglect of his 4iity .per-
mit said insane patient to give large sums of money to
some of these persons above named, and money to all
of them, said insaiip patient being, for the time being, a
ward of the State and entitled to protection and the
said John W. Russell did know that said John Nichol-
son Anhut' had thus received from said insane patient
in said hospital twenty-five thousand dollars in cash
and marketable, securities for Jthe purpose of obtaining
the'release of said insane patient from said hospitaL

Specification V. In that Joseph F. Scott, superin-
tendent as afbresaid, having appointed John W. Rus-
sell to be Superintendent of State Hospital for the In-
sane at Matteat^an, and the official Commission of In-
quiry having under investigation the allegation
whether or not said John W. Russell had askfed for or
demanded or refused an alleged bribe of $20,000 to
procure- the release of Harry K. Thaw, an insane pa-
tient, from said hospital, and the daily press for a num-
ber of days having published long extracts from tes-
timony taken bef ote the official Commission of Inquiry,
incluciing Russell's own testimony and on February
27, 1913, having published certain testijuony of John
Nicholson Anhut, a lawyer in New York City, concern-
ing an interview had by him with John W. Russell, as
follows, to wit : '

' * Question : Did he (John W. Russell) say any-
thing to you to the purport or effect that his ac-

846 Public Papees of Gtoveenok Sulzer

cepting any money in return for a certificate with
regard to Thaw would cause him to lose his posi-
tion?

"Answer: Well, he said, as I have said before,
that his position was worth $10,000 a year, and
that he would not do anything for Thaw without
being paid for it ; that $20,000 would not begin to
compensate him. " .

and' §aid John W. Eussell having testified before said
Commission, thg,t sai^ Anhut had tried to bribe him
■writh an offer of $20^000 to set said Thaw free, but that
he, Russell, still maintained social relations with said
Anhut, and the said Joseph F. Scott, superintendent as
aforesaid, despite their and other statements deroga-
tory to said Eussell in said investigation, did wilfully
neglect to suspend said Eussell from duty as superin-
tendent of said hospital or in any way intervene in his
management thereof until the truth of the allegation
of bribery could be determined but did, after the pub-
lication, in the daily press of the before recited testi-
mony and without waiting for the conclusion of testi-
mony before said Commission or its report thereon to
the Governor, and with testimony adduced tending to
show, if uncontradicted, corrupt practices on the part
of said John W. Russell, as superintendent of said
hospital, did wilfully and with intent to give said John
W. Russell, an honorable discharge as superintendent
aforesaid, accept by telephone his resignation as super-
intendent, aforesaid, without requiring him, before ac-
tion thereon, to put such resignation in writing and thus
intentionally attempted to defeat any demand of the
Governor for the dishonorable dismissal of said super-
intendent of said hospital.

Removaxj Pkocbedings and In'Yestigations H47

Specification. VI. In tba,.^ Joseph F. Spott, superin-
tendent as aforesaid, having, appointed John C. Mc-
Dowell, secretary to the State Prison Department, the
said McDowell, while holding said office didj on Feb-
ruary 27, 1913, in a public place in Albany and in the
presence of newspaper reporters and other persons use
profane and disrespectful language concerning the
Governor of the State of New York, in- alleged official
transactions, paying: " The Governor can go to
Hell, ' ' which remark was published in the newspapers
and came under the notice of said Joseph F. Scott, who
deliberately and wilfully neglected to make investiga-
tion as tOithe use by said McDowell of said indecent and
scandalous language, nor suspend him from office,
nieanwhile, but retained him in said office as secretary
after said McDowell admitted the use of the lalleged
language aft^r^ said Commission of Inquiry had. on
February 28, 1913, recommended his removal from
office, and departed for Elmira on the afternoon of
February 28, 1913, declaring he would take no action
in said matter before March 3, 1913, and has taken no
action thereon, ajl iU: wilful disregard of the respect
and courtesy due by all State officials toward superiors
in public office.

In witness whbkeof, I have hereunto set my
hand and affixed the Privy Seal of the State
' . [l. s.][ at the Capitol, in the city of Albany, this
twelfth day of March, in the year of our
Lord one thousand nine hundred and thir-
teen.

(Signed) WM; SULZEE

By the Governor :

Chester C. Platt

Secretary to the Governor

848 PtfBilC PAi>EES OF GOVERNOE SuLZER

Okueb of Eemoval fSom Office
State of New York — Executive Chamber

In t'M Matter of Charges, and Specifications, P'>'ef^X^^i
; Against Joseph F. Scott, Superintendent of State

.^.,,, jpris^ofis^ , ,,

ORDER OF REMOVAL FROM OFFICE

Charges and specifications having been made by the
Governor against Joseph F. Scott, as Superintendent
of State Prisons, concerning and relating to the per-
formance of the functions and duties of said office, and
a duly certified copy thereof having been duly served
upon the said Siiperintendent of State Prisons on
March 12, 1913, together mth a notice that an oppor-
tunity would be afforded the said Superintendent of
State Prisons to be heard in his defense ; to wit, on
March 13, 1913, at 12 o'clock liooh at' the Executive
Chamber, and the said Joseph F. Scott having dilly
made and filed his answer thereto and having been
duly called by name in the Executive Chamber oh
MaTch 13, 1913, at noon, and having failed to answer
or appear either in person or by any representative.

Now, THEREFORE, After due'consideration of the said
charges against Joseph F. Scott and after careful
consideration of said answer and of all the facts and
circumstances herein and of all the proceedings hereto-
fore had herein, it appearing to my satisfaction that
the said Joseph F. Scott has been inefficient, incom-
petent, derelict and neglectful of duty in his office of
Superintendent of State Prisons; and that the
charges in that respect are true, and that the public
interest require it, it is hereby pursuant to and in
accordance with the authority vested in me \>y article
V, section 4 of the Coiustittttion of the State of Now
York.

Removal Peoceedings and Investigations S49

Ordered, That the said Joseph F. Scott be and he
hereby is removed forthwith from the oflSce of Super-
intendent of State Prisons of the State of New' York.

Given under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. 5.] on the thirteenth day of March in the year

of our Lord one thousand nine hundred and

thirteen.

(Signed) WM. StJLZER

By the Governor : ,

;. Ch:je;stbk C. ?latt

Secretary to the Governor

Opinion

State of New York — Executive Chamber

In the Matter of Charges and Specifications Preferred
Against Joseph F. Scott, Superintendent of State
Prisons

opinion of the GpVEENOR

For some time past, the Committee of Inquiry, apr
pointed by me in January pf this year, to investigate
the several departments of the State, with the object of
securing the greatest degree of economy and efficiency
in their administration, has thoroughly investigated
conditions and practices prevalent in the Prison De-
partment of the State. Witnesses have been examined
and the Superintendent of State Prisons and the plfher
pffiqials of his Department have been afforded oppor-
tunity of answering and explaining the facts^ and dis-
closures presented to said Committee of Inquiry.

j'Vfter a careful consideration of such testimonj^ tlic
Committiee of Inquiry made a written report to'iue
under date of March 7-, 1913, setting- forth that in

^50 Public Papebs of G-qyeknob Sulzeb

regaled tpteii specific matters there had been inefficient,
incompetent and negligent performance of the adniin-
istrative duties in. said Depajjtn^ent.

These findings, of, the Comraittee of Inquiry were
delivered to Joseph F., Scott, Superintendent of State
Prisons, and, on March 12, 1913, based upon such find-
ings, I duly, served upon said Joseph F. Scott formal
charges together with a notice that I Avould afford him
an opportunity tp file an, answer thereto and give him
an opportunity to be heard in his defense at the Execu-
tive Chamber at noon on March 18, 1913.

At the time and place set for the hearing Mr. Scott
failed to appear (although his name was duly called),
either in person or by a representative, but at that time
caused to be delivered to me a written answer to the
said charges. '

,The charges made were serious and substantial in
character and amply supported by the testimony taken
before the Committee of Inquiry and conclusively
show that the administration of the Department of
State Prisons imder Joseph F. Scott, as superintend-
ent, was inefficient, incompetent and negligent and that
he failed to maintain the standard of efficient adminis-
tration that the citizens have' the right to expect in the
administration of public affairs.

(1) Concerning Frederick H. Mills, sales agent of
the State Prisons Department.

Mr. Mills was appointed to such position on January
1, 1897. On July 24, 1911, Governor Dix appointed
John D. McMahon, of Eome, N. Y., to investigate
among other things the management and affairs of the
Si;ate prisons and reformatories, and under date of
September 3, 1912, the said comraissioner reported to

E.BM6VAL Peocbbdings and Investigations 851

Grovernor Dix glaring irregularities and improper
practices by Mr. Mills, as such sales agent, isnei > tsi

Joseph F. Scott was appointed Superintendent of
State Prisons on Mayt24, 1911, on which day his
nomination was confirmed by the Senate of the i3tate.
He was appointed to fill a vacancy caused by the resig-
nation of Cornelius V. Collins, as Superintendent of
State Prisons, ina Mtsk»i , ■ >,g «jii m-gol aid aidi'vi

Superintendent Scott failed to remove Mr. Mills
until February 28, 1913, after the Committee of Inquiry
had reported Mr. Mills as unfit to continue in his
position. Superintendent Scott's excuse, stated in his
answer, for, his retention of Mr. Mills as s^les agent,
is that " early in January, 1913, I wrote to the Com.-
mittee of Inquiry stating that I had learned that a re-
port had been made covering the investigation of Fred
H. Mills, sales agent for the State Prison Depart-
ment ; that it had neither been printed nor transmitted
to the Superintendent of State Prisons for his action.'/.

Superintendent Scott should have known, and un-
doubtedly did know, that Mr. Mills was being investi:-
gated by Grovernor Dix's special commissioner and
proper vigilance would have placed him in complete
possession of all the facts relating to the improper
practices of Mr. Mills ; in fact, without any investiga-
tion, I deem it to have been the duty of the executive
head of the State Prisons Department, on his own
initiative, to have learned and discovered whether any
irregularities were being practiced by any of the sub-
.07-dinates in 'his Department. ,,n(i

Thus, for^ a period of about one year and nine
months,. Superintendent Scott remained inactive and
permitted his sales agent ,to continue these irregular
practices. , ^^iXnarii;

852 Public Papbks oif, Goveknos Sulzeb

, Such performance of official, duties is properly
characterized as demonstrating neglect, inefficiency and
incompetency.

(2) Concerning the appointment of James V. May
as Superintendent of Matteawan Hospital.

Superintendent Scott's answer in no way denies this
charge. The Superintendent asserts he was technically
within his legal rights as Dr. May 's name was certified
on the list from the Civil Service Commission.

This technical defense in no way militates against
the facts charged in Specification II.

(3) Concerning the alteration of testimony by Harry
K. Thaw in habeas corpus proceedings July, 1912.

Superintendent Scott answers this charge by quoting
from a report made by Dr. May concerning the matter.
Dr. May's report admits that certain of the testimony
was left out of the record but claims it was ' ' absolutely
irrelevant and was left out as useless and unnecessarily
complicating the already voluminous records. ' '

Dr. May admits in his report to Superintendent
Scott that corrections were made upon the stenographic
record but further asserts " in no case did these cor-
rections have any material bearing on the facts brought
out, or on the conclusions indicated' by the
examination. ' '

Dr. May states that these corrections in the record
were made after ' ' very careful consideration by Dr.
Russell and myself. "

The proceedings had at the hearing on such hal3eas
corpus make it apparent that the legal department-
of the State disagreed with Dr. May in his conclusions
and deemed the corrections to be vital and material.

The fact that in this celebrated case admitted
changes of the stenographic record were made should

Removal Pbogebdings and iNtBSTiGATiONS 853

have caused the greatest diligence and closest scrutiny
of the proceedings to have been made by the Superin-
tendent of State Prisons. i

I deem Superintendent Scott in this particular to
have failed to exercise the proper diligence required
under the circumstances.

(4) Conceming special privileges accorded to
Harry K. Thaw at Matteawan.

Superintendent Scott in his answer nowherte denies
that Harry K. Thaw secured and made use of large
sums of 'moneiy and securities nor that he had inter-
views with < a ' certain lawyer, one John^ Nicholson
Anhut, nor that one Horace A. Hoffman stated by
Superintendent Scott to be the " agent and repre-
sentative of Mrs. Thaw, the mother of Harry K.
Thaw," had full and free access to Harry K. Thaw,
as charged in Specifications IV.

' Stti)erintendent Scott inakes the technical denial
that Dr. Russell " did not knowingly permit Harry
K. Thaw to receive and have large sums of money."
He does not deny that Lawyer Anhut received from
Thaw in the hospital $25,000 in cash and marketable
securities, but asserts that Dr. John W. Russell knew
nothing about it or knew that the money was passed
" for the purpose of obtaining the releases of, said
Thaw from said ihospital, ' ' The essential facts remain
undenied.

iMr. Anhut a,nd Mr. Hoffman were permitted access
to Harry K. Thaw, who had. in his possession large
sums of money, which he paid over in the hospital.
The fact that Dr. Russejl, the .Superintendent of; Mat-
teawan State Hospital, knew nothing about it, or the
purpose for which such transactions took place permits
no other conclusion , thai! that proper! surveillance of

854 Public Papees of G-ovbbnoe Sulzer

Harry K. Thaw during sucli interviews was lacking
through the negligence of Dr. Russell, who was a sub-
ordinate of Superintendent Scott.

(5) Goncerning the resignation of Dr. John W.
Russell, as Superintendent of Matteawan State Hos-
pital.

Superintendent Scott makes no substantial denial of
the charge as to the manner in which the resignation
of Dr. Russell was accomplished. Taking into con-
sideration the surrounding circumstances it is a fact
concerning which Superintendent Scott, . realizing no
defense nor excuse could be made, has properly re-
frained from attempting to do so.

(6) Superintendent Scott admits the charge con-
cerning his secretary, and defiantly asserts " I further
say I have retained him in office."

My power as Grovernor, in tMs case under article V,
section 4 of the State Constitution, permits me to re-
move the Superintendent of State Prisons for cause at
any time :

" The Governor may remove the Superintend-
ent for cause at any time, giving to him a copy
of the charges against him, and an opportunity
to be heard in his defense. ' '

I realize that this constitutional power to place
public officials, on trial for misconduct in office should
not be lightly invoked.

If the duties of the public official are performed
negligently and unskillfully, if they are violated for
want of capacity or want of care, they can never be
said to have been well and truly executed.

It is my duty to see that the laws are well and truly
executed, and it is my earnest endeavor to maintain
a high standard of efficiency in all administrative de-
partments of the State.

Removal Proceedings and Investigations 855

I consider that tte answer of .Supprintendent Scptt
evades rather than meets these serious and substantial
charges.

The charges themselves were fully sustained by
ample, and, competent proof taken before the Comiriit-
tee of Inquiry. To my mind it is beyond question that
Superintendent Scott in certain matters has not acted
in good faith and that in certain others he has shown
inefficiency, incompetency, neglect and dereliction of
duty.

Under all the circumstances I cannot avoid the con-
viction that the usefulpess of Superintendent Scott
in the office of Superintendent of State Prisons, having
in mind the best interests of the people, and the gen-
eral welfare of the citizens, is at an end, and that it
is my duty to forthwith remove him from office.

(Signed) WM. SULZER

Alpany, March 13, 1913.

Appointment of George W. Blake as a Special Commis-
sioner to Examine and Investigate the Management
and Affairs of the State Prisons and Reformatories,
Including the Office of the Superintendent of State
Prisons

State of New York — Executive Chambeb

To All to whom These Presents Shall Come,
Greeting :

Know Yej That pursuant to section 8 of the Execu-
tive Law, I have appointed, and by these presents do
appoint, George W. Blake, of the borough of Man-
hattan, New York city, as a special commissioner, to
serve without compensation, to examinq and investi-
gate the management and affairs of all the State

H5G Public Papees of GovekiTOk Sulzeb ' '

prisons and reformatories in the State of New York,
incltiding the office of the Superintendent of State
Prisons.

The' said George W. Blake is hereby empowered to
subpoena and enforce the attendance of mtnesses; to
administer oaths and examine witnesses under oath
and to require the production of any books or papers
deemed relevant or material.

And I hereby give and grant unto said George W.
Blake, all and singular the powers and authorities
which may be given or graiited unto a person ap-
pointed by rQ6 for such purpose, under authority of the
statute aforesaid.

In Witness Wheeeoe, I have subscribed my
name to these Presents and caused the
Privy Seal of the State to be affixed hereto
[l. s.] at the Capitol in the city of Albany this
fourteenth day of March in the year of our
Lord one thousand nine hundred and thir-
teen.

(Signed) WM. SULZEE
By the Governor :

Ghestbk C. Platt

Secretary to the Governor

Bepo^t of, GjioRfiE W- Blake, Special Commissionee,
ON Geeat Meadow Peison

Albany, N. Y., April 9, 1913

Hon. William StJLZEE, Governor , State of New York,
Executive ChamJier, Albany, N. Y.:
SiE.-^I submit heremth my report on the work be-
ing done at Comstock, N. Y., in the construction of the
Great Meadow prison.

Removal :PBoc]SEDi:^GS,,fNXi I:^vEsa;TOATipNS 857

I consider it my tluty to delay the inyestigatiqn into
the prisons and refornaatpries of the State long enough
to ca,ll your, attention to the deplorable condition of
affairs at this prison., ,/r, ,, , •. ,

A conservative ej^timate fixes, the loss, to the State
by the construction of the buildings, through careless-
ness or graft, at $5Q0,0Q0. A peculiar feature gf this
situa,tioii is that no attempt has been made to conceal
the wrong. It is so brazen and conspicuous that evep
the most unpbserying visitor tQ the prison building
mustphge-rve it, For more than two years this prison
biiilding job has beein used to rob ^the State.

, Before going further into the details I want to call
your attention to a situation that seems to exist in the
Department of Prisons. It has been frequently sai,d
that there is a " prison ring, ' ' forged for the purpose
of stealing the people's money. I believe this state-
ment to be true because the dishonesty of this par-
ticular job has so many ramifications. The bills for
inferior work and for work hot done at all pasked
through the hands of the State Architect, his repre-
sentatives at the p!fison, We Comptroller and the
Superintendent of 'Prisons.

All of these persons, with the exception of the Comp-
troller, must have known that the bills were dishonest
atnd should not have been paid. Yet they passed
smoothly along and the money found its way into the
pockets of the contractor. A careful investigatioli
rtiight show how much of it remained there.

This was onl;^ part of the ring. The other parts
were the subcontractors, who provided what labor and
material they pleased without interference. It- must
be plain to any thinking person that a long series of
bills, practically all of them dishonest, could not have
passed through^ so many hands without detection.

This project was conceived in graft. The- State paid

858 Public Papers of Governob Sulzek

$92,000 for property worth not more than $30;000.
The excuse for this initial crime was the alleged need
of a hospital building in the health-giving air of the
Adirondack region. This was a mere subterfuge. The
fact was that the owner of this property induced his
political friends to help him unload it upon the State
at more than three times its value. Then the Lunacy
Commission decided it did hot want this property,
thereby threatening to deprive the projectors of the
scheme of large gtaft in the erection of buildings, and
it was decided to erect a prison there. The prison
ofiScials complacently agreeing, the people were coz-
zened into believing that this outlay of money would
be sufficiently productive to greatly reduce the cost of
the maintenance of all the prisons of the State and
would have a salutary effect upon the physique and
morals of prisoners serving first terms and upon those
nearing th&itime of their discharge.

Th© first appropriation was made in 1909 and was
for $350,000. The bill providing for this appropria-
tion made, it appear that this sum wpuld be sufficient
to complete the work, but up to the. present time more
than $1,800^000 has been appropriated and more money
is still demajided. There is at present a demand to
get $250,000 more, despite the fact that $750,000 is still
available of the previous appropriation. From the
conception of the scheme until the present time! there
does not seem to Jiave been any attempt made to give
the people an honest return for this oiitlay.

One wing and a dormitory have been completed.
The site chosen for these buildings is in a hollow in
the land, much of which is quicksand. The great
prison building has settled so tliat cracks appear in
the.wallsj all of the piping is out of alignment and it
is only with great difficulty that some of the prison

Removal Proceedings and' Inatestigations 859

machinery can be operated. The dormitory, where the
guards sleep and where the . administrative work is
conducted^ is fortified with heavy iron bars at the
windows and heavy doors, but the interior walls are
fragile and combustible. It is possible to kick holes in
them and a fire once started Would find the building
an easy prey. The floors are of wood instead of con-
crete. If a fire should start in the night when the
guards were sleeping there would be no chance for
their escape. This alone makes the work a crime that
the State should immediately investigate to the' end
that the criminals guilty of it should be punished.

The site of these two buildings is fiVe feet below the
surrounding lands. It is in a hollow pit of clay, in
which is received the drainage of the hillsides, which
forced the State to spend many thousands of dollars
in drainage. Piles driven iiito the soil sink out of
sight and it seems impossible to find proper founda-
tions for the heavy structures. The contract provides
that the ground on which the foundation rests shall
be solid.

As a matter of fact one end of the dormitory build-
ing began settling to an alarming extent , and the State
had to spend $37,000 to level the building. The founda-
tion here is quicksand, so it is certain tliat this exr
penditure "\pll li&ve to be frequently and indefinitely
repeated.

It is difficult to find any explanation for the selection
of this site, when it is surrounded by a circle of, up-
land where solid foundations could have been found.
Knowledge of the dishonesty of the men wlio per-
mitted, this work to continue makes it appear likely
that their object was to place the buildings in a loca-
tion where they could not possibly last in, order to
graft from the money that would be constantly needed

860 Public Papekb of Govebnok' 'Sulzek

in repairs and then finally to enrieh themselves anew
by doing the work over.

If the construction of the new wing was stopped
now, and there is absolutely no need for it, the present
wing and dormitory would cost the people of the State
at least $50,000 a year to keep in repair. The State
would save money if the ;present buildings were dis-
carded and the work begun all over again under the
control of honest and competent officials. This may
seem like a drastic suggestion, but the cost of keeping
the present prison buildings in repair w;9|uld pay the
interest on a much larger amount than it would, take
to duplicate them on another site. ,

In order to discover jijst how this ^ork has been
done, and what the total theft has amounted to, ,it
would be necessary to prove up each item of the work
in detail. I belieive this should be, done, and in the
meantime all work on the new wing should be aban-
doned; that safe and decent quarters should be pro-
vided for the guards and that a rigid investigation
should be made into the circumstances surrounding
t)ip g;ranting of the contracts and the supervision of
the work.

There ha,s been no apparent sign of any intelligent
action in connection with the, work at the prison.
Forty thousand dollars was spent to have water piped
into the prison. Then it was found that the water
was unfit to use, and ,was likely to breed disease.
Water was unexpectedly struck during the excavation
work right in the rear of the prison and this problem
was solved.

Tjhe poor installation of plumbing, pipe fitting, brick
work and general constructioii show inferior material
and workmanship, and under the standard set by the
specifications should not ha^-p been passed or paid for.

EElkoVAL PbOCEEDINGS AMD INVESTIGATIONS 861

It does not require the services of an expert to See
this. Any prison official could have discovered it by
the inost casual reading of the specifications aiid by the
merest glance at the work. And yet I procured the
services of two experts, one of whom is an expert
builder, who, under the impression that less than
$760,000 had been spent in the construction of the
bliilding declared that there had been an overcharge
of $75,000. As a matter of fact more than $1,000,000
has been spent, which would increase the overcharge to
about $325,000.

The dishonest work has been as conspicuous in small
matters as in large. According to sijecifications there
should have been a trial run of fourteen days for th6
steam plant, but seven days after the engines were put
in operation the State was compelled to pay mOney to
repair them. '

One item was $20 to rebabbit a shoe — 300 per cent,
more than market price. A new nut was bought for
the engine at 250 per cent, more than the market price.

These engines have been running about two y'earsJ
The repairs on them so far have cost $500. A strik-
ing proof that graft rules this work is given in the
fact that a representative of the State Architect 's office
on the ground objected to some work which the con-
tractor wanted passed as being up to' specifications.
The controversy reached the State Architect, who in-
spected the work himself and passed it.

The first specification provided that the successful
contractor should furnish his own tools and plant for
doing the work. After the contract was let the suc-
cessful contractor was allowed by a change in the
specifications to charge $7r) n day for the use of his
tools. Assuming the contractor obtaining thfe contract
knew this condition he would, of course, be in a posi-

862 Public Papers op Govebnoe Sxjlzbb

tion to underbid Ms competitors. If, by any chance,
one of his competitors had received the contract it is
not likely he would have received this concession. Tliis
peculiar method of doing work seems to be the rule
up to the present time.

The work now going on was let in two sections and
the contractor appears to, be the absolute boss of the
situation. One contract should have been completed
two months ago. It is still unconapleted. The other
contract calls for completion November JLst, of this
year ; it has just been started. The penalty fixed for
delay is only $10 a day. Therefore, it appears that
no difficulty would be had in cancelling this contract
if the State finally concludes this ought to be done, pro-
viding the contractor has not protected himself by, sev-
eral small labor disturbances.

The first draft of prisoners arrived at this prison
on February 8, 1911. There aie only a few more than
400 prisoners located in the cell house now ; while there
are cells for more th,an 600. This is another specimen
of. the methods used iji. ma,naging the prisons of the

These, 200 cells, each lighted and equipped with toilet
an,d running water, have been left vacant while men
are sleeping two in a cell in other prisons and on cots
strung along the corridors. Six hundred ^nd twenty-
three, can be properly cared; for at this prison. More
would be a menace, because no work can be found for
them on the farm and any effort to release them in the
open would surely result in some general disord.er and
probable escape.

And yet contracts have been let for the new wing.
Therefore I strongly recommend that this work be
stopped, if possible; that no more money be paid to
the contractors; that this contractor, all subcontract-

EbiAoVAL PrOCEEOIN^S ' and iNVESTiGATIONS 863

ors, and all other persons coilcerned directly or indi-
rectly in this Svork, be thdroughly examined, to the end
that' it might be discovered whether criminal prosecu-
tion against some of these should' riot be instituted.

Among the many violations of the contract is' one
concerning asbestos. Attached to this report you will
find a report of an expert who declares the: asbestos
use'd was not according to specifications; that it was
cheap and uselesa and lacking in proper thickness.
That the pipes were not properly covered and that
some of them were not covered at all, and that the Wchrk
would shortly have to be done over again. You will
also find attached to this report a report of the stnic-
tural expert who examined the building.

I have ihentioned only a few of the defects in the
work. I believe that many more can be found of at
least as grave a character in a searching investigation
by experts in the various lines.

Further investigation of the accounts may show that
at least on one of the contracts a great deal of money
was paid in excess of the original bid.
Respectfully submitted

GEO. W. BLAKE

Commissioner

CoMSTocK, N. Y., April 5, 1913

As requested, I have carefiiUy examined the work
and material connected with the pipe cov6firig used in
the prison at Comstock, and hereAvith submit my con-
clusions : • "

The pipe covering is ihsta,lled in the engine room,
laundry, boiler room and in basements of the cell
building.

I have compared the material and labor with the
standards demanded under section 46 of standard

864 Public Papeks oi'^ Gtoveknok :SuiiZEB

specifications, which form a part of the contract fqr,
this work entered into on the 3d day of November,
1911, between Joseph W. Scott, Superintendent of
Prisons, and A. Pasquini, of 1123 Broadway, New
York, and find tliat neither the material nor workman-
ship comes up to the specifications demanded-

, The pipe covering on the high pressure lines does
not exceed one inch in thickness. Under article 639
of specifications referred to this material should be at
least two inches thick.

On all the fittings used on the high pressure lines the
covering does not exceed three-quarters of an inch in
thickness, and in many places only one-quarter of an
inch thick.

The effect of this is to cause great loss of heat, and
rapid wear and tear; in fact even at this eairly date
after the installation of the work, the material is now
scaling off throughout the whole system.

The material used on the high pressure pipe lines, as
called for in article 634, should be of 85 per cent, mag-
nesia, grade A. The grade furnished is 35 per cent,
magnesia, grade B, and some of lower grade. I sub-
mit samples of the material used.

On the low pressure lines the covering is even now
in such poor condition that a large percentage of it
will have to be replaced inside of a year if not repaired
and put in proper shape at once.

On the fittings of the low pressure lines the covering
does not average over one-half inch in thickness and i^
also in the same bad condition.

I find that the heavier covering, intended for the
high pressure lines, was placed on the low pressure
piping, and vice versa.

Standard specifications under the contract call for
at least 1 per cent, of oil paint on all pipe coverings.

Ebmoval Pkoceedings and Investigations 865

The paint used is what is known as cold water paint
and can be brushed off with, the hand.

No paint whatever was put on a large number of
feet of covering. *

; Under article 634 of specification^ the contractor is
required to use skilled labor in installing the pipe cov-
ering. , This, was not done — unskilled and inferior
labor being used. ,

Article 642 of specifications calls for the coverings
on heaters, tanks and separators to , be at least two
inches in thickness and to be applied in three coats,
with; a fine plaster finish of at least one-eighth inch in
thickness. The covering given does not excee4 one
and one-half inches in thickness, and has no plaster
finish.

After measuring over 2,800 feet of pipe covering, I
wish to state that if this work was paid for as per the
grade covered by the specifications of the contract
there was a loss to the State in first cost of at least
$500 on this pipe covering job.

Taking into consideration, however, that there is a
constant loss of h6at, and tliiat this means more coal,
there is, therefore, a steady and constant expense to
the state due to defectiye material and workmanship.
The repairs, too, must be taken into account.

My opinion is that this is the woi-st jot) I ever saw,
and no honfest inspector, understanding his business,
should have passed the work.

As for the general piping and plumbing work of the
prison it. is very bE^d.

J. P. Francisco, heing duly sworn, deposes and says :
That he is 37 years of age, residing at 620 Beecham
avenue, Rome, N. Y. That he is well qualified to act
as an expert and appraiser on pipe covering, having
been in the business for the paSt twelve years continu-
28

866 Public Papers of Govebnob Stjlzeb

ously, that he has had a large and varied practical
experience in the; work, that he is now a contractor in
this class -of wo rkj and accepts and carries out large
contracts. That before signing the foregoing state-
ment he carefully read the same, and that the same is
true of his own knowledge.

J. P. FRANCISCO
Sworn to before me at Comstock, N. Y.,
this 5th day of April, 1913,

Geo. W. Blake, Commissioner.

Rome, N. Y.,' April 7, 1913

George W. Blake, ComiHissioner, 132 State Street^
Albany, N. Y.:

Dear Sir. — I found the grounds upon which these
buildings were built composed of quicksand, very un-
suitable for heavy buildings, allowing the buildings to
settle, and cement to crack, also causing defections in
plumbing and heating. The depreciation on buildings
from the above cause and from extreme dampness
caused by deep excavations, and the natural wear of
the elements would be, in nay estimation, $75,000. The
guard-house was a very poorly erected building, and
the division walls were not fireproof, being built of
very cheap material. Flooring was spruce wood,
where it should have been fireproof material.

I enclose herewitb copy of findings on special orders
on contract, and affi,dayit as requested by you.

Yours very truly

T. E. BURNEY

STATE OF NEW YORK,!

?• ss '
County op Oneida, J

T. E. Burney, being duly sworn, deposes and says :
That he is a contractor and builder, which occupation
he has followed for twenty-five years, and he has also

Eemoval Pkoceedings and Investigations 867

adjusted fire losses, and jtnad^ e^tinp,atioiis on construc-
tion work of all descriptions ; tliat for one season lie
was employed by the New York Central & Hudson
River railroad to appraise property; that he is
familiar with both carpenter and mason work, also
plumbing and heating, and specification^,, and knows
the value thereof.

T. E. BURNEY
Sivorn to before me this 7th
day of April, 1913.

C. H. Watteks, Notary Public.

Repobt of Geoege W. Blake, Special Commissioneb,
ON Auburn Pkison

bepobt on aubuen peison

By George W. Blake;

A Special Commissioner Appointed to Investigate
Prisons and Reformatories of this State

Hon. , ^illiam Sulzeb, Governor, State of New York,
,E^ec(i4ive,Ch(i)nb&r, Albany, N. Y.:

SiE.,— Herjewith is a report of the investigation made
by me at Auburn prison, under authority vested in me
Dy your commission of the 14th inst. Included in this
repprt; you have a summary of the report made by an
accountant who examined the books of the prison, all
of ; which is respectfully sxil:)nutted together with the
testimony.

INTEODUCTION

I 'have found in Auburn prison brutality, violation
of the law, waste and general incompetency.. Twenty-
eight prisoners have become insane during the last
twelve months. 'The: testimony of trustworthy wit-
nesses indicates that cruel .punishment deprived some

868 Public Papers of Q-oveknoe Sulzeb

of these prisoners of their reason, that the prison doc-
tor is careless and unfeeling, and that he has repeatedly
refused to attend upoii women during confinement.

More than three thousand pounds of food is thrown
into the swill barrel every week. This refuse was
weighed as it came from the tables. Sworn testimony
proved that the waste had been going on for two years,
at least. ' -

The current report of Warden Benham recommends
an appropriation of $75,000 for centralizing the boilers
and $4,000 for a filtration plant. The testimony also
shows that the expenditure of any money for these
purposes would be useless, that nothing would be
gained by relocating the boilers, and that a filtration
plant is not needed. . , ,

A careful examination of the workshops reveals a
cash investment by the State of $535,492.05 and shows
that the proceeds from the sale of manufactured goods
are decreasing. A comparison of the first five months
of the fiscal year with the same period a year ago ex-
hibits a falling off in production of more than $20,000^
and a decrease in gross profits of $8,400. The entire
industrial plant has been conducted in opposition to
the public interest, and solely in the interest of
individuals.

It is my opinion that the whole industrial matter
should be the subject of a special investigation. I do
not believe that the gr-oss mismanagement of the indus-
trial part of the prison has been due solely to careless-'
ness or incompetency: "

The State has been supporting a humber of fine
horses and vehicles for the pleasure of the warden.
The annual cost of maintaining this luxury is an; un-
necessary burden upon the people. The value of the
horses; and vehicles is at present $2^500,

Ekmoval Proceedings , aetd Investigations 869

It is difficult to imagine a worse condition of affairs.
Later, if: you please, I will supplement this report by
suggestions tending to reduce the cost pf, maintenance
and prod;uction and f qj: the improvement of the general
condition. I recommend now as speedy a change as
possible, in ^ the wardenship, and the creation of a
bui:^a,U foj the purchase of all the supplies used by the
prisons and reformatories.

I would also recommend that these prisons be kept
as units, so that each one may have its own appropria-
tion, its own allotment ,of supplies, and be compelled
to stand upon its own feet. The present method seems
to have been adopted because it was a good method to
cover up defects; in other words, so that there would
be a general average in bad management and extrayar
gance, and no one prison could make a better record
than another.

It is my opinion, based upon facts gathered from the
testimony, and by personal investigation into th,e vari-
ous departments of the prison, that it would be possible
to reduce the cost of maintaining this prison $75,000
a year, and at the same time to improve its general
condition.

The Legislature of 1912 appropriated $6,000 for a
new industrial office. This office is not needed. The
appropriation runs out in two years. I suggest that
it be permitted to run out.

GBNEEAL ADMINISTEATION

TJctcTi of Efficiency, and Culpable'Carelessness in Hand-
ling State's Money and Materials

The entire administration qf the prison i§ lacking in
almost every essential fqr efficiency. There is no real
supervision, every one of the officials appearing to do

870 Public Papeks of Governor Sulzer

as he pleases. If the warden or Superintendent Scott
wanted information concerning any Special depart-
ment the man in charge of that department was called
to the warden's office. Neither the superintendent
nor the warden, nor any other official, having the right
to suggest better methods, or to command them, ever
paid adequate attention to' the prison management.
Mr. Mills, the sales agent, wSis permitted full control
over the shops. He appointed himself State Superin-
tendent of Industries, and gave orders to the em-
ployees. In every case these orders were obeyed. He
was recognized as the master in all industrial matters.
Why he was permitted to exercise this authority must
remain for a time a matter of conjecture. Under his
control the shops were kept busy making articles that
were not salable. Complaint has been made of the
lack of storage room. There are about 18,000 Warren
desks stored in the prison grounds now, and 12,000'
more in course of manufacture, and yet the cry is for
more money to increase the operating space. The
desks which they make are those on which a royalty
has to be paid. Any other kind of desk would be just
as satisfactory.

I cite the two following instances to show how had
the industrial management is :

Baskets weighing about thirty pounds that were
made in Auburn prison werg shipped to the Riverside
Hospital in New York. The charge for the baskets
was $15. The cartage from the Grand Central freight
yard in New York city to the hospital was $12 and the
bill was O.K'd. by F. H. Mills. It appearing certain
that the hospital would object to this charge, the
amount for cartage was reduced to $3, and the remain-
ing $9 was chai^ged up against the cost of manufacture.

Removal Procbbdin&s and Investigations 871

It did not seem tp occur to anybody here that the bill of
the truckman ;shpiuld be disputed.: He is allied with a
strong political faction in New York.
-.A stool was made in Auburn prison at a (jost of
seventy cents and shipped to Dannemora. The carry-
ing charges were seventy-eight cents. .

It frequently happens that goods made here and
shipped to New York had to be renovated' at some-
thing like two-thirds of what it costs to make them.
Bills for renovating and repairing newly made articles
are from $400 to-$60O a month. The man having this
contract is also allied with some strong influence in
New York city. If the men in charge of this prison
did not share in this graft they certainly permitted
its creation and continuance.

One glaring feature of the wrongs inflicted upon
prisoners is that of fines, and this will be elaborated
when a report making suggestions is made.

The pro rata cost of feeding the prisoners, as it ap-
pears in the records, is a false pro rata, because it
includes food consumed by others than the convicts.

The man in charge of the boilers and machinery says
that he spends over $300 and $400 a month for inci-
dentals. These charges were outside pf the estimate
for maintenance. ,

There are three boilers for heating, and nine for
power. Any sort of proper management would recog-
nize the advisability of using electric power and indi-.
vidual motors for the running of the various shops.
But instead of that, an expenditure of $75,000' hasbeei^
recommended to take all of these boilers up and con-
centrate them in one spot. This is an outrageous sug-
gestion, because such a concentration would be useless,
and would result in the abandonment of many pf the
boilers that are perfectly good where they are. There

872 PuBLit! Papees of Govebnok 'Sulzek

is testimony to the effect that even if it were ueeessary
to concentrate these boilers, it could be done for about
half of the appropriation asked for.
"There is a wide difference in the testimony concern-
ing the consumption of coal. I did not have time to
give this particular matter as much attention as it
deserved, but I think i it' would bear close inspection
under a new prison administration.

The man in charge of the boilers for the women 's
prison swore they consumed 1,200 to 1,500 tons of coal
a year, while the same service ought to be procured at
a consumption of not more than 780 tons.

The total amount of money expended from " special
appropriations " from January 1, 1911, to April' 1,
1913, was $52,034.12. The monthly average was
$1,927.19. The prison has been carrying a shortage
on its books of $2,895.51, which occui'red under B.
Frank Weinegar while he was a clerk in the prison.
This shortage has never been made gOod although
Mr. Weinegar and the assistant clerk were under
bonds. One of these bondsmen was Arthur M. Ward,
of Jamestown, N. Y.

The law gives the ■ agent and warden the power to
collect this debt but he failed to take any steps in this
transaction. Weinegar is still employed in the prison
as correspondence censor. ' ' "

The method of having all the supplies bought for the
male prison and certain portions transferred over to
the female prison makes it possible to juggle the ac-
counts, and to show unwarranted charges for supplies
for the women's prison. This alone shows the neces-
sity of adopting the suggestion that each prison be
treated as a unit. You will see ample and corrobora-
tive reasons for this suggestion in the testimony which
accompanies this report.

Eemoval PboceedinjGS and Investiga;eions 873

I want to say once more, that there has never been-
any inspection or supervision, or useful suggestions,
either by Golpnel Scott or Wardjen Benham, toward
more efficient rnanagement of this prison, better con-
trol of the institution,, , or ^ts conservation in the public
interest, so far as I have been able to learn,

■ THE FEISON DOCTOR

Charged with the Neglect of the Sick and Brutality
Toiqard Prisoners

The physician .of the prison has held that place since
May 8, 3898. He is an autocrat.. Abundance of evi-
dence, shows ithat ,he is brutal in his treatment of the
sick, neglectful, of their needs and, that he flagrantly
violates that section of the ^ Prison La^ whicja defines
his duties. No effort has ever been made by any of
his superiors to compel ]iim . |;o, moderate his sevei'ity
or stop him from compelling ^ick men, to expose their
persons ior examination befpre, their associates or to
curb Ms intolerant and incompetent administration.
I realize the fact that these are severe charges — : so
severe that I did not call the doctor as a witness, h&-
cause Ij feel, that his administration of the hospital
^hpuld t:)e the, .subject of a thorough investigation by
a grand jury. ,

; .The bulk of the evidence gathered against this' phy-
sician comes' from persons other than convicts. I was
careful in this matter.

Severity Causes Insanity

You will find attached to this report the statement
of a man whona you will recognize as being entirely
trustworthy and who declares that during the past
year a numher of persons have gone insane after
punishment' inflicted by orders' of this physician.

874 Public Papers of Governor StiiizEE

You will read' of meil that have been cahfined in
cells for long periods, and that they come out of these
cells with shattered nerves, and with every reason to
believ6 that they will never recover their health.

This doctor has absolute control over the sick. At
a time when men should receive humane treatment
they go under the control of this physician who treats
them in a more brutal manner than they are ever
treated when they are well.

Every nook and cranny of the prison reeks with
tales of the cruelty of this man. I was not able to dis-
cover that either the warden or Colonel Scott or any
of their subordinates ever made any attempt to pro-
tect the defenseless sick from this treatment. Once
under this doctor's care the men are in a desperate
plight.

If he desires, he has the power of ordering into an
isolation ceil any sick man he pleases and the unfor-
tunate prisoner immediately falls under the suspicion
that his' mind is unbalanced. Here is some of the
testimony : *

Q. "VVTiat would happen if a man became insane ?
A. Why, there are so many ni'en that are put in .that
condition we have to send them up to Dannemora for
being insane.

Q. When the men came here were they apparently
sane? A. Yes, sir.

Q. Were they long term prisoners? A. Not all of
them.

Q. How long had the men been here on an average?
A. Some had^nqt been here over a year.

Q. Quite long enougji to have this system affect
their minds? A,,. Yes.. Some of; the meii, really grew
insane from evil habits. This, of course, hastened

Removal -Peoceedings and Investigatioks 875

their insanity. But I haye had them appeal tp ^meifor
relief, ai^d when I tried ;tp; do something for thenj ,1
was told I was interfering with the doctor's pre-
rogatives. Nothing would he done, and th§ , men
would lose their minds, and we would ship them off
to Dannemora. ,

Q. Did you ever notice the condition of any of the
men after leaving these cells? A. I have.

Q. What was it1 A. They were exceedingly nerv-
ous. I have often gone down to visit the men while
they were in the cells, and looked through the little
openings^ and it was so dark in there that I could not
see them, A great many of them have broken down ;
some of them are affected for life.

Q. Sp far as you know, a man is punished that way
without any regard as jtp whether he is a strong ms.n
or a weak man ? , A. I have neyer known of any dis-
tinction being made.

Q. Do you think punishment of this chara,cter is
necessary? A. I would sa,y that it was not; I should
say they should have enough water to drink, and
enough bread to eat; and I -think they should have
bedding to lie. on.

iQ. They are punished in a three-fold manner; by
depriving them of water, light, and by creating phys-
ical discomfort?! A. I consider it a more crying
shame to have them square-chalked, which leads to
insanity. I have seen boys break down completely,
and beg to me to get them relief.

Q. Is it your opinion that a main might remain
normal throughout^his life, and become insane through
this treatnient? A. Yes, through being square-
chalked. Yef^, I know it to be so. - ' '

876 Public Papers of Goveenok 'Sulzeh

Q. How' often was tlie superinUendeiit here'! '' A.
Well, I do not know ; he was here three months ago; '

Further testimony was to the effect that one man is
now confined in one of these cells who is on the verge
of insanity.

Cruelty to Refractories '"

Refractory prisoners put in cejls fo:r punishnaeiit
have only two gills of wa,ter ev^ry twenty-four hours.
The doctor fixes this amount and declared it was stifB-
cient to maintain life. I weighed the measure used in
supplying the prisoners with water and found that its
weight was eight and one-half ounces. If these punish-
ment cells were light and sanitary the punishment
would be very heavy; but— ^ the fact is-— that these
cells are only eight fetet tVo and one-ha:lf inches long,
four feet Seven inches wide and eight feet high. They
are perfectly dark and the only ventilation comes
through the iron doors. There is no' furniture what-
*gver in the cells, except a quart can into which the
scanty supply of water is poured. Tie- floor has four
rows of iron rivet heads that make a recumbent
position practically 'impossible so that a man is de-
prived of his sleep and rest as well as his food, drink,
air and light. This punishmeint is worse than the old
stringing-up machine and other modes of physical
torture that ' have been abandoned by the State, be-
cause it affects the victim's nerves as well as his brain
and body.

Neglect to Invalid Women , Prisoners

The. treatment by the doctor of some of the unfor-
tunate women prisoners confined in the women's
prison is even worse. . In some respects it is horrible.
During the last twelve or fifteen years there has been

Ej^moval Pkoceedings and. Investigations 8,77

an average of one child-birth a year, and, sworn testi-
mony, amply corroborated, proves that in these oases
the unfortunate women have been left entirely to the
care and mercy of convict nurses, some of whom were
convicted for abortion. One of the women who served
in the capacity of nurse and physician was Augusta
Nack, who was convicted of complicity in the brutal
Blurder of Guldensuppe. Although the women prison-
ers are bad women, no man with akj humane feeling
or imagination can fail to realize the tei'ror of a Woman
lying in child-bgd and being attended in the dim
watches of the night by such a woman as Mrs: Nack.

Here is piart of the testimony given by a woman who
was matron pf the women's prison for eighteen years :

Q. Were any children born in the woinen's prison?
A. Yqs, during my time abo.ut eighteeri, j i,,., /

Q. How many during Warden Benham's adminis-
tration ? A. , Approximately, five or six.

Q. What kind of attendance did the inmates receive
when in childbirth? A. Not any, only from midwives.

Q. Do you mean to say from women who were in
prison through their criminal practicing of medicine?
A. No, from practicing abortion.
. Q. Was it i not) the physician's duty to attend to
these unfortunate women? A.: It was, but he never
would come when I called ,hifli.

Q. Did you ever fail to notify him when his seryices
were neede4^ . A. No, sir. , , ,. i,.,

Q. Did you ever notify him and have him refuse to
come? A. Yes, sir.

Q. Whart did he,sa,y? A. He told me to let Augusta
attend to the case. . ,

Q. WhQ is Augusta? A- Augusta Nack.

878 Public Papebs of Govebnoe Sulzeb

Q. What was she in prison for? A. For the murder
of Gulden suppe. She acted as the attendant in de-
livering five or six children while she was there.

Q. Do you mean to tell me that the prison phy-
sician turned these women over to the care of Augusta
Nack, the woman in, prison for complicity in a murder
crime? A. Yes, sir.

Q. Did you ever know of a ease where the doctor re-
sponded when called to attend a woman in this con-
dition? A. Never; during my .entire, time there ,he
never was at a birth.

Q. Can you tell me of any specific case where the
prison physician refused to attend an inmate at your
request? A. Certainly he refused in not coming to a
confinement, and the child was delivered by one of the
inmates who had been convicted of abortion.

Another woman, at present employed in the prison,
testified to this effect: A convict has charge of the
hospital. There have been a dozen or more children
born here within my knowledge. I think some of the
women nurses were convicted of abortion. I know of
one child having died. I do not think Colonel Scott
made any investigation into the child's death. I knew
the child was ill, and asked the convict nurse if I
should call the doctor, but she told me that everything
possible had been done. ;

Then this testimony appears:

Q. Then, as a matter of fact, the child died without
medical attention? A. The doctor is the best jridge of
tha!t.'' '■ '"'■' '-■'■•'' ■'",;■■ [,

Q. Did the prison jjh^sician ever attend aily women
who became mothers here? A. Not to rily knowledge.
I think there have been three or four times, maybe five
times, wheii the doctor has not been in attendance.

Removal Proceedings and Investigations 879

Q. It would make no difference then,! whether or not
a child was born in the daytime or the nighttime, the
doctor would leave it to the nurses? A. So far as I
know. )

The general condition of the prison brought about
by the physician's administration is so bad and of
such long duration that it requires immediate atten-
tion and correction. No official who! paid aily atten-
tion to the situation could have failed to discover it.

STEAM APPAEATtfS AND WA.TER SUPPLY

The last report made by Warden Benham contains
recommendations for the concentration of the t;\yelye
boilers used in thp prison and an additional appropria-
tion of $4,000 for filtering the water supply by the city
of Auburn.

Testimony from experienced engineers and me-
chanics employed in the prison is to the effect that
nothing whatever would be gained by placing all pf
the boilers in one spot, but that it was certain that a
great deal would be lost. Such a change would neces-
sitate the discarding of some of the boilers that are
perfectly good, and which would serve the purpose for
a doTien years to come. It was suggested by these wit;
nesses that electric power should be installed for the
use of the shops which would greatly reduce the cost
and be more efficient in every way.

"VVfhile $75,000 has been a^ked to move' all the boilers
to one place, the man in charge of them said that some
of the estimates for doing this work were from
$25,00D to $30^000. ,

Another employee, familiar with the work done in
the shops, was asked:

Q. Would it, not be a better rid^ea to use electricity
for all power? A. I am very mncla. in f&vpr of that.

880 Public Papees op Goveknoe Sulzee

Q. So if you had individual motors you would not
have to run the whole plant if you wanted to use one
motor I A. Yes, sir. -

Q. Then you would be in favor of installing el«e-
trical power as fast as possible? A. I certainly would.

Q. Any expenditure of a large amount of money for
steam power would be a waste of money? A. I think
it would ; I think' so. •

Another practical engineer and mechanic employed
in the prison was asked:

Q. Don't you ttink it would be better and cheaper in
every way to bore artesian wells for wiater for prison
use inasmuch as water is costing the prison so much
now ? A. I should think it would. There is certainly a
lot of water here. , .

The water supply qf the prison comes from Ow^gco
lake, which is owned l)y the State and reaches Auburn
by gravity. The prison pays from $2,500 to $2,800 a
year in water bills.' Two artesian wells could be driven
that would supply the prison with pure and wholesome
water at a less cost than is now paid in two years for
the city water. It is , difficult to imagine why recom-
naendations for the expenditure of $97,O0O should be
made to continue a system that is unwise and prodigal.

'- '■■ WASTE IN THE COMMISSARY DEPARTMENT'

It is with some hesitation that I report on the condi-
tion of the commissary department of the prison. ' Oon-
ditions there almost exceed belief. '' More than 3,000
pounds of perfectly good food prepared for the prison-
ers goes into the swill barrels every wfeek, aiid'is carted
away to be fed' to pigs and chickens. ;' '

I had this refuse weighed as it came from the tables,
and later proved by witnesses under 6ath that the great
waste has been going- bn for iiea'rly two years at least.

ReMOVAIi PROCEEDIiSriSS ■ AND INVESTIGATIONS 881

This was the last of the waste and extravagance in the
matter of food and was the final act. But leading up to
it were many acts that plainly displayed a criminal
disregard of the public money. , Staple articles have
been purchased in the highest markets, in the most ex-
pensive and inconvenient forms, and with a total dis-
regard of any kind of method or system. There has
been an entire lack pf any kind of supervision on the
part of the managers of the prison, or of any proper
management whatever. Employees in the various
parts of the prison, competent to advise better business
methods, have been ignored completely and made to
understand that thfeir help in any adrainistrative
capacity was not wanted. ■ s

, In every branch of the commissary department there
has been a riot of wanton waste and extravagance and
a flaunting' display of gross ignorance concerning even
the most ordinary business knowledge.
-■:. It is difficult to believe that any man of conscience,
having control of the work of providing for the daily
needs of the prisoners, could permit such a condition
of affairs to continue without at least making some
effort at correction. I have tried diligently to learn
whether any such effort was ever made, but without
result. I have asked the men employed in this branch
of the prison work whether the warden, the recent
Superintendent of Prisons, or iany of their subordinates
h!ad ever made an investigation of prisons, or into th,e
way the' commissary end of the prison was conducted,
and was told that iio'such inquiry had ever been made
to their knowledge. -

I have asked them if they thought the 'system in
practice was good or bad and they replied that it was
bad. When I asked them why they did not suggest
better way fe of doing the work, they replied that they

882 Public Papers of Gtovbenob Sulzeb

did not believe any advice or suggestion from them
would have been welcome.

Here is a sample of one dky's waste, as it came from
the tables on Friday, March 1, 1913 :

From the breakfast table 194 pounds of hash and
bread.

From the dinner tables came 145 pounds of solid
food, consisting of salmon, boiled potatoes, sweet mixed
pickles and bread, and: in addition 502 pounds of soup.
Soup is served twice a week, so that of this food alone
there has been wasted every week more than half a
ton..

Here is part of the sworn testimony of a witness,
who declared that the figures given above are accurate :

Q. What is done with the refuse from the tables?
A. It goes to the swill barrel.

Q. What is done with the swill barrel when it is full ?
A. A fellow comes and carts it away.

Q. This refuse is made up from the refuse from the
tables? A. Yes, sir. The man who carries away the
swill said he fed it to his pigs.

Another employee of the commissary' department
testified that no effort had ever been made before to
discover what , the waste was. ■

PURCHASING METHODS UNBUSINESSLIKJi

This witness replied to other questions as follows ;

Q. Is it not a fact that some of the goods were pur-
chased when the market was highest? A. Yes, sir.

Q. Then it is your opinion that the method of buying
these supplies is an expensive and unnecessary method?
A. Yes, sir.

Q. Were the methods better under the previous
superintendent than under Colonel Scott? A. I would
say they were, looking at it from an economical view.

Eemoval Proceedings and Investigations 883

Q. Did the prices increase under Colonel Scott?
A. Yes, sir. They increased independently of the
fluctuations of the market.

Witnesses testified that many of the supplies used
were bought in small packages, and that no effort was
ever made to have them put up in bulk by large manu-
facturers. They said that if this were done the cost
would be much less, and that much labor and time
wQuld be saved in preparing the food for the table.
Asked if they knew whether they received the quality
of supplies the contracts called, for, they replied they
had no means of knowing, because the contracts were
made in Albany, where all the samples were kept.
They merely received what came to them without
question.

One of the witnesses was asked :

Q. The samples are kept a few hundred miles away
fromtbe iixstitution? A. Yes, sir.

Q. Do you think that is a good method? A. No, I
do not.

Q. If you had the sanaples, here, you and the man
who prepares the food would be able to see if the State
was getting whatjt paid for? A. Yes, sir.

Q. From whom; do you buy eggs? A. From a wjiole-
sale grocer in ithi^ city.

Q. He, gets the eggs from, the farmers around here?
A. I think so.

Q. So t^iere were no transportation charges? A. I
dp not thiijc;);here were.

Q. You paid twenty-five cents a,4o?en. for eggs on
Easter, while the market price was twenty-one ,oen|;s?
Why did you pa.y so much? A. Bids for eggs were
opened on February 15th,

Q. Do you find that you pay more wheix you buy
from local dealers? A. Sometimes.

884 Public Papers of Governor ' Sul,zer

This is a fair sample of the business administration
of the prison. Bids for eggs were opened in February,
when eggs* were high. The same condition exists in
nearly every line of produce. It was said in extenua-
tion of this absurd method that the law was responsible
for it ; if this is true the law should be amended.

STATE PAYS FOR WARDEN'S PLEASURE RIDING

The people of the State of New York maintain for
the pleasure of the warden of this prison, and the
matron of the women's prison, a handsome stable,
equipped with horses and vehicles representing an in-
vestment of more than $2,000; and a coachman at a
salary of $1,020 a year, besides a cost of nearly $1,500
annually for feed and repairs. In addition to this cost
there has been the incidental cost of cutting a carriage-
way through the massive prison walls.

This expensive establishment has been one of the
conspicuous public features of the prison management,
which has been clamoring for more room and new
buildings while this large stable building has been used
and maintained for private purposes.

There are in the stable four horses — a ihagnificient
team for the warden, and two other horses — one of
which is for the use of the matron of the women's
prison. The value of the team, estimated by the coach-
man, is $1,000. '

Here is some of the testimony from the coa,chman:

Q. What kind of driving do you do; pleasure driv-
ing, is it not? A. Oh, yes, mostly that.

Q. Where do you drive? A. Out in the country.

Q. Where, for instance? A. Well, I drive to Sennett
— Mrs. Benham has a farm down there — I have
driven down there many times.

Eemoval" Proceedings AND Investigations 885

Q. Do you ever drive out to Owasco lake? A. Lots
of times.

Q. The horses are maintained by the State, aren't
they? A. Yes.

Q. So far as you know, this equipment, this private
prison stable, has never been used for any other pur-
pose except for the pleasure of the warden, his family
and his friends? A. That is just the right answer ; that
is right.

Q. Then the same thing is true in regard to the
matron of the women's prison? A. Just the same
thing.

Q. Then this equipment has heeivused by the warden
for his own pleasure and not for the prison's use?
A- Yes, sir.

GEO. W. 3LAKE,

Commissioner

Supplemental Report of George W. Blake, Special
Commissioner on Great Meadow Prison

ALBANY,iN. Y.,^:April 19, 1913

Honorable William Sulzer, Gover.nor, State of New
York, Executive Chamber, Albany, N. Y.:

Sir. — The ;pre^miu.|ary report made by me on the
work of constructing the Gre^t Meadow prison at
Comstock was conservative. In, that report I made no
mention of the apparent conspiracy entered into by
the men who conceived the . scheme, of building the
prison, of the favored contractors or of the subcon-
tractors, many of whom hold high places in the busi-
ness "v^oxld, .But tliat- thei:e was a conspiracy on the
part of |these,various persons to rob the State is plain.
"Whatever small doubt may remain in the public mind

886 Public Papers ,of Govebnok Stjlzeb ,

concerning the matter can be easily removed in any
one of many different ways.

Franklin 3- Ware, who was State i^rchitect at the
time the contract was made, has written. the following
letter to the present Acting StatjS Architect, Mr.
Charles A. Sussdorff, un^er date of April 10th:

" Franklin B. Ware and Arthur Ware

ARCHITECTS

1170 Broadway, Ne\^ York ' ''

April 10, 1913

" Mr. Charles A. Sussdohef, Acting State Architect,
Albany, N.Y.:

My Dear Sugs.-— I have yours of April 9th, request-
ing information regarding the preliminaries in con-
nection with the award of contract to the Hudson
Valley Construction Company for ,work at Great
Meadow prison. As' the whole thing occurred nearly
four years ago iny memory as to some of the details is
somewhat hazy and wilLhave to be refreshed by refer-
ence to all the records, in the State Architect's office,.
The following ai-e th.e. facts as I now recall them.

About June 1, 1909, Mr. Collins called at my office
and stated to Mr. Oliver, in my absence, that he desired
to award the contract for work at Great Meadow
prison, for which Governor Hughes- had just signed
the appropriation bill (or w-as' about to) On a per-
centage basis,' %ithout competition and he suggested
the name of the Hudson Valley Construction Co. as
being qualified to do the work.

ITpOn my return Mr. Oliver gWe me this information
and I immediately wrote a letter to the Attorney-Gen-
eral asking him what niy authority and power were in

Removal Proceedings and Investigations 887

connection with this prison work as the bill appropriat-
ing money for it had been somewhat pecnliarly worded,
apparently giving Mr. Collins authority to make con-
tracts on such basis as he thought desirable and re-
lieving the State Architect of some of the authority
he usually has on other work. All of this is a matter
of record in the office and you can find the answer from
the Attorney-General, which if I remember correctly
was to the effect that considerable discretionary power
had been given to the Superintendent of Prisons.

In the meantime I wrote a letter to Mr. Collins tdlling
him that I thought it extremely desirable, if not abso-
lutely necessary that competitive bids be received, and
also stated that it would probably be necessary to ad-
vertise the work publicly and (I do not think that C.
ever took up the question of advertising with the Comp-
troller) suggested that ie confer with the Comptroller
as to the necessity of advertising. I also enclosed with
this letter a rough draft form of specification and
proposal updti which I suggested that bids be obtained.

I had no further communication or correspondence
with Mr. Collins on this subject until some week or ten
days after, when Mr. Collins called up the office and
saicl that he had received proposals for the work and
that they were to be opened in his office that day, and
would I have a representative present.

Upon comparing the outline specification which I had
prepared aiid sent to Mr. Collins with the specifica-
tions submitted by the bidders with their proposal^, I
found that Mr. Collins had made some changes. The
6bpy you have sent me is a copy of the piroposal form
and spiecificatioii sent out by Mr. Collins and upon
which the bids were obtained. The memorandum on
the margin in red pencil was made by me; the word

888 Public Papers of Goveenob Stilzee

n

a

out " with an arrow under it indicates that a para-
graph contained in my original draft had been omitted
in the Collins ' draft, and the word ' ' new ' ' indicates
new matter inserted by Mr. Collins which did not ap-
pear in my draft. There were other minor differences
in my draft and Collins* draft of the specification but
I made no memorandum of them at that time as they
were more or less unimportant. Th*re should be some-
where on file, in the office a copy of my rough draft that
I sent .Collins. ... .i i..^ ^

The Hudson Valley Construction Company wercrthe
lowest bidders under this specification,, and Collins
wrote me directing that a contrapt be prepared with
them. We (Mr. Collins,, Mr. Boland. and myself) hjad
a nuniber of conferences regarding the details .ofithe
contract, Mr. Boland ,cl9,ime,d> that he was entitled to
a plant charge upon the ground that the: Hudson Valley
Construction Qp. should be reimbiirsejd for the wear
and tear and depreciation , of. their plant;, that the
specification upon which his bid was bas,e^; provided
that his company shoj:^ld ;f.urnish. , all, .tools, equipment
and temporary buildings to carry on the work without
expense to the State, that, his interpretation of this
clause was that his,. company shoul^l; furnish all this
material and equipment on the ground, that this ma-
terial and equipment consisting of engines, hoisting
machines, concrete mixers, tools, carts, ove'Tljea.d.cp.r-
riers, temporary buildings, etc., would cost his com-
pany about $25,000 and that due to the operation thjere
would be a wear and tear and depreciation on the valu,e
of this plant to the (^xtent of about, 50 per ceiit. and that
therefore, the, State, should pay the plant charges to
cover this depreciation.
4 pnt this matter, up to Mr. Collins and asked him

Eemoval Proceedings and Investigations 889

for his interpretation of the clause in the specification
referring to the contractor providing tools, equipment
and building at his expense, as this was a clause added
by Mr. Collins and not one that appeared in my original
draft.

Mr. Collins stated that in adding this clause it was
his intention to provide that the contractor should fur-
nish the equipment, tools and plant on the site without
expense to the State, in other words^ that he did not
intend to have the State buy the "plant '" and at the
completion of the work have a plant on its hands, but
that he saw no reason why there should not be an
equitable plant charge allowed for depreciation as
claimed by the contractor. ; ;, i ,,r>:

I told Mr. Collins that I thought the allowance re-
quested by the contractor was too much and that a one-
third depreciation would be fair, and that as the con-
tract was for one hundred days' work, a $7,500 allow-
ance fpr depreciation should be sufficient and that this
figured out at the rate of $75 per day. Mr. Collins then
instructed me to prepare the . contract on that basis,
and he subsequently signed the same with the Hudson
Valley Construction Company and the contract was
approved by the Attorney-General and Comptroller in
the usual way.

Subsequently, the contractor applied for an exten-
sion of time on the contract, to which Mr. Collins
agreed, but I brought up the question of the plant
charge and stated that it would; not be right to allow
this charge to run on indefinitely. The contractor
claimed that the allowance originally made was not
sufficient to cover the true depreciation and it was
eventually agreed to compromise the matter by limit-
ing the plant charges to a sum not to exceed $10,500.

890 Public Papers of Goveenok Sulzeb

There were subsequent extensions of time on the con-
tract but no further plant charges were allowed.

I hope that this explanation may be' of assistance to
you. As this whole thing occurred so long ago I would
hardly feel justified in saying that this was an abso-
lute accurate statement of facts, but in the main it is a
correct statement of the various questions involved,
and everything can be verified by. referring to the
records in the office.

Iri accordance with your request, I am herewith re-
turning copy of the specification and proposal form as
sent out by Mr. Collins upon which bids were obtained.
Yours very sincerely,
( Signed) FRANKLIN B. WARE ' '
FBW-Mk.
Enc.

It will be noticed that the original specifications con-
tained a clause written in by Mr. Collins that no allow-
ance would be made for the use of the contractor's
plant and that after it had been decided to permit the
Hudson Valley Construction Company to- do the work
that the allowance of $7,500 was made. It is fair to
assume that this particular clause was inserted in
order to favor some one contractor. The company
failed to finish the work within the time set and in-
stead of being compelled to pay a penalty for this
failure the company actually got an additional allow-
ance of $2,500- This made a total allowance of
$10,000 for the use of a plant which the contractors
alleged was worth $25,000. The true value of the plant
was probably much less. Of course I do not know
whether aiiy secret agreement existed by which it was
previously understood that the company was to get this

Removal Proceedings and Investigations 891

allowance of $10,000, but it looks very much as if some
agreement was entered into.

The first appropriation for this work was $350,000
and, as pointed out in my first report, this sum was sup-
plemented by additional appropriations aggregating
nearly $2,000,000, of which is left about $750,000. An
attempt is now making to increase this amount to
$1,000,000.

The nlethods that characterized the beginning of
this work have been continued up to the present time
and I have not the slightest doubt but that it can be
easily shown that an arrangement exists by which cer-
tain sulacontractors shall be permitted to get as much
money from the State as possible, provided any secret
contracts entered into are observed.

If any additional proof, beyond the facts already
presented, is necessary to show that the State Treasury
has been looted in this Work, it can be found in sworn
testimony.

Eichard B. Ohatfield, the principal keeper of the
prison, was asked what he thought of the present build-
ings and declared that they were not properly con-
structed. Then he was asked :

Q. Have you any criticism to make in regard to
them? A. Well, the buildings are not properly con-
structed. So fiar as the walls are concerned they are
regular fire traps. The wall is built of plaster boards.
There are no permanent walls of any description in this
(administrative) building. For instance, if one of my
men threw anything against the walls they would break
through. '' '■>■'

Q. So far as you know they are only temporary?
A. So far as I know.

Q. This building has been accepted by the State?

892 Public Papers of Governor Sulzbr

A. Yes, sir, I believe so. Now, the space hetveen, the
walls would act as a draft in case of fire. The piping
throughout the building, whether due to the condition
of the water or whatever it may be, is such that we are
obliged to repeatedly replace it because it is eaten up
inside. It might b^ the wat^r that causes it to eat itself
out, but every little while the piping has to be replaced.

Q. There' are wooden floors in the building here?
A. Yes, three-inch planking; apparently laid per-
manently.

Q. In your opinion it should never have been ac-
cepted by the architect? A. I don't think it should.
The same thing can be said of the cell house. The cell
house construction of the devices for opening and clos^
ing the windows are such that we have to ;have men on
them repairing the iron bars that work them. The
State Architect recently wrote relative to the construcr
tion of the new wing and I was asked to make sugges-
tions and I suggested that the bars be closer together
so that men could not pass things from one to the other
in their cells. On the north end of the cell house a man
can pass a bed from one cell to another.

Q. Do you think this is the best site for the buildings ?
A. Not by any means. The prison should be built on
a hill.

Q. It would be easier to take care of? A. Yes, and
it would do away with the necessity of spending $100,-
000 for grading. The site is entirely wrong in my
estimation ; the building of the prison is wrong in every
way.

It has been repeatedly stated, although I have not
investigated the matter, that $30,000 was appro-
priated under the administration of Governor Hughes
for building a road around the prison.

Removal Peoceedings and Investigations 898

There is not now, and never has been, according to
statements of men competent to know, anything in
the nature of a road. If $30,000 was ever appropriated
for the building of the road it was in all probability
clean graft.

Charles E. Hamilton, the prison chaplain, said that
the building was not what it ought to be. Then came
this testimony :

Q. Do you think that life would be lost if a fire
should start in the administrative building or cell
building?' A. I think go, particularly in the adminis-
trative building.

Q. There is a lot of combustible material' in the ad-
ministrative building'? A. Yes, in the floors.

Q. There would be no way of releasing the men if a
fire should start? A. I do not see how they could get
out except through the doors.

THE PBISON ADMINISTRATION

It is difficult to present a clear and comprehensive
report of the administration of the prison because of
faulty and inadequate business methods.

According to the last report of Colonel Scott the farm
at Great Meadow consists of 1,100 acres of ' ' mostly
good tillable land and soil." He also wrote that
" good beginnings have been, made in the agricultural
work at this farm." Both of these statements were
inaccurate. There are no more than 340 acres of this
land tha-t is fit for farming purposes. The rest is
stony hill land that is of no value whateyer except pos-
sibly for sheep culture, an industry which has received
small attention from Warden Homer. Instead of
being good the ' ' beginnings ' ' have been as bad as pos-
sible and the; lack .of system and the waste of public

894 Public Papers op Goveenoe Sulzeb

money in experiments are the most conspicuous feat-
ures of the prison management.

There are about 90 head of cattle and the farm does
not produce enough to feed them and yet these cattle
are kept insufSciently fed, improperly housed, yield-
ing only a small return in milk while the country is
swept for beef cattle.

What methods the warden uses in buying, cattle from
the surrounding farmers I have been unable to under-
stand, A very careful examination of the books of
the prison, casual talks with the warden and sworn
testimony from various attachees of the prison indi-
cate that the warden is doing the very best he can,
according to his light, but this light shines dim in many
branches of the work.

I have failed utterly to understand some of the
methods used in conducting the business of the prison.
In the record you will find sworn testimony to the
effect that dressed beef has ,been bought from farmers
at six cents the pound and that it has been charged up
as live cattle at the rate of four cents, but the rate has
been increased so as to make the amount paid for the
beef the same.

While it does not appear that any person has bene-
fited financially from this method, it is certainly a
peculiar way of doing business. The farmers were
required to sign the vouchers representing a larger
amount in weight than they sold and when they ob-
jected they were told that it. was all right. After ha'i''-
ing signed the vouchers they Were required to swear to
the accuracy of them.

The farmers interrogated said that they were not
testifying to the accuracy of the vouchers, but merely
swearing to their signatures and that they Were as-
sured that there w^s'ilothin'g crooked about it. The

Eemoval Pkoceedings and Investigations 895

farmers accepted this statement as far as it related to
their side of the transaction, but the matter has been
discussed over a large area.

It seems certain that this method was adopted in
order to falsify the books so that the prison could make
a better showing, even if graft is not hidden some-
where in the juggling of the figures.

The warden has striven to run the farm without
competient help and to grow crops that every other man
around the countryside knows will not grow in that
soil.

There are more than 4W prisoners, about two-thirds
of whom are employed on the farm and in road
building.

A great deal of labor has beeii done on conservation
work for the benefit of the Conservation Commission,
which benefits by this labor, but pays nothing for it.
If this Commission paid for the trees shipped from
the farm it would help to solve the problem of this new
prison experiment. This prison has been compelled
to labor for the support of another State institution
without compehsatioli. This is another specimen of
the methods employed in conducting the prison during
the last two years.

Any law that gives the Conservation Commission
the right to live by the labor and expense of another
State institution ought to be amended so that each
branch of the State government should bear its fair
share of expense. The Conservation Commission is
now clamoring for more trees from the farm. To
grant this request it would be necessary for Warden
Homer to put 200 additional men to work which would

896 Public Papebs of Goveenojb 'Sulzeb ; !

very greatly increase the cost of maintenance and
place upon the farm a burden it ought not to be com-
pelled to carry.

There are more than 200 well-ventilated and well-
lighted cells in the cell house that are vacant. Why
the. very crowded conditions of Sing Sing and Au-
burn prisons were not relieved by a transfer; of men
to the Great Meadow prison is beyond the comprehen-
sion of the prison officials with whom I have talked.

Six; hundred men could be used to advantage;, accord-
ing to Warden Homer, on the farm. More wouldlbe
a trouble and a menace. Yet it is sought to sink at
least $1,006,000 more of the people 's money into this
quicksand constructing another cell house that would
be of no service whatever and that would be a constant
expense and worry to the State.

The records of the prison make it appear as if the
farm was making a profit, but the fact is that the loss
has been between $5,000 and $6,000 a year. This .sho^vYS
the character of the management. La|)pr costs noth-
ing and the warden has all the capital needed to place
the prison on a paying basis. But it remains a heavy
burden to the State. The ba,d management is very
conspicuous because it is clearly a fact that with ordi-
narily good business methods the farm could be made
nearly self-supporting if not quite so., I am of the
opinion that under the supervision of a fairly con-
scientious and competent Superintendent of Prisons
the farm could be made sufficiently productive to re-
lieve the State of at least 7t> per cent, of the cost of
maintenance. The other 25 per cent, could easily be
saved in conducting the institutioii along different
lines.

Removal Proceedings and Investigations 897

In order to skow how poorly the farm is managed
here is a bit of testimony by Warren Coomer, w^ho has
charge of the cattle:

Q. HoviT many cattle are on the farm? A. We have
just eighty heacl; seventy-seven milch cows, one bull
and two heifers.

Q. How many quarts of milk do you get a day? A.
We are getting 180 quarts in the morning and 140 at
night.

Q. Is that all you get? A. Well, the fact is, our
cows are not getting any hay; our cows have not had
any hay for three weeks.

Q. Do you think that the cow barns are sufficiently
sanitary? A. Yes, but they could be better.

Q. Then thiey do not compare with the ordinary,
good dairy farm? A. No, sir.

Q. Do you make any buttei"? A. Very little; I do
not know how much.

Q. All of the milk goes to the inmates ? A. I believe
the most of it does.

The same slipshod methods are observed in the mat-
ter of chickens, sheep and swine. What the farm
needs is the care of a practical farmer who has some
business knowledge. At the best the farm will not
prove a great success, but it can at least be relieved
from occupying its present wholly unprofitable con-
dition.

Respectfully submitted,

GEO. W. BLAKE

■Commissioner
29

898 Public Papees of Governor Sulzbe

Report of George W. Blake, Special Commissioner,
ON Sing Sing Prison

Albany, N. Y., April 21, 1913

Hon. William Sulzer, Governor State of New York,
Executive Chamber, Albany, N. Y.:

Sir. — Herewith I beg to submit my report on the
management and conditions at Sing Siug prison :

administration

The prison is remarkable because of the lack of any-
cohesive or well-poised plan of government. It is so
slipshod and incompetent as to breed the suspicion at
the first glance that the purpose is to cover up dis-
honest methods by a brazen show of innocent careless-
ness.

I found no one man in the prison who appeared to
know the slightest thing about the work he was ex-
pected to do, with the exception of the prison doctors,
who are, without doubt, conscientious men striving to
do their duty in the face of manifold difficulties.

Warden Kennedy has violated the law, he has per-
mitted the creation and continuance of unbusinesslike
methods and has caused the State to lose thousands of
dollars in a way that points directly to graft. He has
made no attempt to protect the inmates from disease
and vice, nor any effort to produce better conditions
in this prison. During his administration scandals of
the prison management have become rife in every sec-
tion of the State.

I do not wish to bear too heavily upon Warden Ken-
nedy, because I am strongly of the opinion that the
facts set forth in this statement are due directly to
Joseph F. Scott, who was for nearly two years Super-
intendent of Prisons. I have dug into the sterile soil

Removal Proceedings anb Investigations 899

of prison management to discover, if possible, one re-
deeming trait in the management of prisons of this
State during the period in which Colonel Scott was in
controLbut I have not found one sign to show that he
was either competent, conscientious or industrious.

There is ample evidence to prove that Colonel Scott
was poorly equipped for the place of Superintendent
of Prisons and that during his administration the
prisons deteriorated with a speed that threatened com-
plete demoralization. But there are some things that
even he could have done to relieve the bad conditions
in Sing Sing if he had cared to. If he had sought the
assistance of Dr. Farr, the prison physician, or Dr.
Mareness, the assistant physician, suggestions for im-
proving the conditions would have been made. Or he
might have had the aid of some of the most competent
prison men and the advice of alienists without cost to
the State if he had displayed any personal interest in
the matter. There is not an atom of proof that
Colonel Scott ever contributed anything of value to
the prison.

Where Colonel Scott got his reputation as a penolo-
gist is well known to many prison officials and it is
fairly well known to me. It did not grow out of
knowledge but came from the imagination of a man
who for many years took money from the State for
services which were not rendered. This man is
Frederick Hamlin Mills, concerning whose operations
a separate report will be made if you desire it, and
which will contain the names of some of the men con-
cerned with him in his schemes and who shared in the
large profits that grew out of them.

I asked Warden Kennedy if he had ever known of
Colonel Scott making any suggestions of value for
the improvement of the prison system and he replied

900 Public Papers of Gtovbbnob Stji/Zee

that he did not. I asked Prineijjal Keeper Coimaugh-
ton, the most experienced prison man in the State,
this question:

Q. Did you ever know of Colonel Scott visiting the
cell house, inspecting the cells, or hear him discuss any
methods as to how the conditions here could be re-
lieved? Mr. Connaughton replied: A. I have seen
him around here a little.

Then I asked:

Q. Are you familiar with the conditions of dirt, of
disease and of vileness that prevail here? And he
replied: A. I am. Commissioner.

Then I asked him this question :

Q. Is Warden Kennedy aware of it? He replied:
A.. He knows what I know.

Q. Was Colonel Scott aware of it? A. I think he
was.

Q. Do you know of your own knowledge whether
Colonel Scott ever made any real effort to clean up
the conditions here and make the prison more sani-
tary? A. No, sir.

Here is an extract from the testimony of Dr. Mare-
ness, the assistant prison physician :

" There are 200 cells flush with the flagging. In
the hot months moisture on the walls is perceptible
and tangible. The cells are primarily responsible
for the large number of cases of rheumatism
that occur in the prison. A number of these cases
have been severe enough to incapacitate a man so that
upon his discharge he was partially, if not wholly,
unfit to follow his usual work. At the present time
there are a large number of chronic rheumatism cases.
Two hundred of the cells are occupied by two men.
These cells are intended only for one. No care is taken
in selecting the two men who have to occupy a single

. Eemoval Peocebdings and Investigations 901

cell. A man sentenced to prison for assault and under-
going his first term of imprisonment is sometimes com-
pelled to occupy a cell with an habitual criminal. The
cells are infected with vermin. It is impossible to
fumigate or disinfect them.

"Any improvement that occurred during the ad-
ministration of Colonel Scott was superficial and of
such slight import as to have made no impression on
my memory. Colonel Scott was indifferent to the
great big necessities. I do not consider Colonel Scott
a good penologist. During his adminisitration there
was no improvement in the bad moral conditions that
prevail. I spoke to the Colonel about it but he made
no suggestions. "

Neither Warden Kennedy, Mr. Connaughton, the
prison doctors or any man employed within the prison,
ever attempted to deny the frightful conditions that
prevail within the prison or to defend them. The
worst feature of the prison management cannot be
discussed in any public document, but the subject is of
such vital importance to the welfare of the "State that
no time should be lost in submitting it to the attention
of men competent to present a method of bettering a
condition that breeds disease of the mind and body
and that should touch the hearts of every man with
any human instincts.

One man said to me that the only offense a prisoner
could commit, that would be followed by speedy pun-
ishment, was the offense of trying to get something to
eat. He told me stories, amply corroborated, of such
frightful character as to appeal to the most unfeeling
person. Colonel Scott knew of the existence of these
horrors. There is no doubt about that and yet he
never made one effort, so far as I was able to learn,
to minimize them.. Nor did he ever seek any method of

902 Public Papees of Goveknob Sulzek

preventing the occupancy of the cells by two men, nor
to see that when the men were placed in a cell their
enforced comradeship would be in any sense con-
genial. The low thief, stricken with disease, with no
mental capacity and with the lowest possible instincts
has often been locked into a cell with a man of educa-
tion, of some ideals and of clean personal habits. This
would be bad enough if the cells were light, or large,
or clean, instead of being dark, and small and filthy.
Also ihey are unsanitary and those on the ground
floor drip with moisture so that the inmates of them
have striven to protect themselves from the chill and
dampness by hanging sheets and blankets over the
walls. In these cells men contract rheumatism. In
many cases they become victims of chronic rheuma-
tism and go out crippled for life.

Into none of the cells on the lower tiers has a ray
of sunshine entered for eighty years. Stories of tor-
ture of prisoners in the middle ages sound like de-
scriptions of luxuries in comparison to the tales that
have been told me of the lives that some of the prison-
ers in Sing Sing live. The cramped and unhealthy
conditions are made worse by the presence of vermin
in the cells. When the cell house men are let out in
the morning they sweep out the refuse from their cells.
Dust and germs are swept down from tier to tier so
that at night when the men lie down for rest their
pillows are covered with dirt. Life in these cells is
torture to every grade of man who has a spark of
imagination, or who ever lived in a decent home.
Even the lowest and most degraded man must undergo
cruel and unusual punishment when confined in these
cells during the hours of the ordinary night. But
when comes Sunday or a holiday the horror of the
situation is increased. During these periods the men

Removal pRocEEDiiirGS and Investigations 903

are confined in their cells for eighteen and nineteen
hours and it is no exaggeration to say that after these
periods of confinement the men go out pale and
staggering. >

A Sunday or a holiday is a dreadful thing for these
men. It is bad enough when one man is alone in the
cell, but when the men are doubled up the physical
suffering is greatly increased. There is only one other
thing that could add to the misery of these men and
that one. thing was not overlooked by Colonel Scott or
Warden Kennedy. This was the knowledge that cer-
tain men through political influence, or by the pay-
ment of money, or by some other reason, received
favors. .

I shall also make a separate report along these lines
which will require a special investigation in an effort
to expose men in this State, some of them public offi-
cials, who banded themselves together to wring money
from these prisoners. I have evidence showing that
because of influence, exerted by men well known in
various walks of life, money has been wrung from
persons seeking clemency for prisoners.

If the commutations and pardons bought were al-
ways delivered there would have been a glint of fair-
ness in the transaction, but in some cases the " goods
were not delivered."

I have evidence showing that by the payment of
money men have been accorded the privilege of seeing
their friends alone in a room adjacent to the warden's
office. I strongly suspect, and I believe I will be able
to prove it, that certain men throughoiit the State
have used employees within the prison to ferret out
for them prisoners with means iii order that they
might, by promises of clemency and of privileges,
wring some "indiiey from them.

904 Public Papbks of Goveknob Sulzbe

This frightful condition thrived during the last two
years. There are several important lines of investi-
gation that should be taken up and followed to the
very end in order that men who have lived on the
sufferings of others should be exposed and the prison
ring broken.

Here are short extracts from the testimony of two
witnesses :

WARDEN KENNEDY

"Alt the present time the cell block contains 1,200
cells and we have over 1,500 prisoners. This neces-
sitates doubling up, which is a crime pure and simple.
On the lower gallery it is impossible to keep the cells
dry. The moisture on the walls on a day like this is
awful. You can scrape the water off the walls. I
never saw anything in the prison reports coming from
Colonel Scott that was of any value. ' '

PRINCIPAL KEEPER CONNATJGHTON

' ' I have called the attention of Warden Kennedy to
the condition in the prison. Colonel Scott never asked
me for any suggestions. He seemed to think that he
knew it all himself. I think that conditions were just
as good under Superintendent Collins as under Super-
intendent Scott only that under Scott things were
slowing up a little."

INDUSTRIAL DEPARTMENT

The industrial department of the prison ought to
be successful, because labor costs practically nothing;
there are no' overhead charges and a ready and ample
market waits upon the product.

Frederick H. Mills, who was for many years sales
agent and, who during the administration of Superin-

Removal Proceedings and Investigations 905

tendent Soott, was the master of them, used them only
for the purpose of putting money into his own pocket.
I asked Warden Kennedy if this was not a fact, and
he replied that it was. ,

Bad as the industrial conditions of Sing Sing prison
were prior to 1911 they grew steadily worse from that
time. The beginning of this last era of bad manage-
ment came with the appointment of Patrick J. Tracy,
as superintendent of industries in this prison. The
place had been in the competitive list of the civil
service but Mr. Tracy, having no -knowledge of any
branch of the work, and being eligible only in the
sense that his political friends wanted to find a job
for him, the place was taken out of the civil service
and Mr. Tracy was appointed. In order to open this
door for him the doors to the same job were opened
also in Auburn and Oliiiton prisons. I asked Mr.
Tracy if this place had been taken out of the civil
service in order to give it to him and he replied : "I
presume it was. ' '

Asked about a cartage contract that the industrial
department made with Michael Bradley, he replied
that the contract was made by Warden Kennedy.
During the sixteen months before this contract was
given to Bradley the cartage charges of the prison
were $1,872.80. In the seventeen months between
November llth and Maroh of the present year, in-
clusive, the charges of Bradley amounted to $3,127.32.
The products of the industrial department fell off
considerably during Bradley's term of service. When
this situation was called to the attention of Warden
Kennedy he seemed very greatly surprised and was
apparently ignorant of the situation.

In 1910 the total sales of the industrial department
amounted to $406,937.67; in 1911 to $3*81,591.24, and in

906 Public Papers of Goveenor Sulzee

1912 to $337,878. In the first six months of the present
fiscal year, beginning October 1st, they were $183,-
417.13.

The profits for the first six months of the four fiscal
years referred to were :

1910 $76,749 70

1911 51,765 69

1912 30,052 16

1913 M,140 33

Without making any charge of graft or dishonest
management I desire to submit these figures covering
purchases of lumber from June 18, 1912, to October 9,
1912:

Paid
Low bid per 1,000

June 18. 5,000 feet yellow pine $27 75 $40 00

July 19. 12,000 feet yellow pine 22 50 40 00

5,000 feet white pine 29 OO 37 50

2,500 feet spruce 41 50 50 00

6,000 feet spruce 43 50 52 00

5,000 feet 1% inch spruce 42 50 52 00

April 20. Lumber (per 1,000) 28 75 ^ 40 00

Oct. 9. 5,000 feet No. 2 No. Can. pine,

12" and up 39 00 55 00

The following two purchases were made without
competitive bidding. But one bid was sent out :

One carload of Canada cut shorts. Jones Lumber
Company, of North Tonawanda, N. Y., received the
order. Their letter was read at the prison on January
13, 1913, and the lumber was- ordered January 14, 1913.

One carload of Cypress lumber, bought of Jones
Lumber Company. The order amounted to 18,000 feet
at $54.50 per M. Jones & Company quoted a price on
February 4, 1913, and the order was given to them on
February 13, 1913,

Removal Pkoceedings and Investigations 907

R. D. Jones Lumber Company received a check
March 27, 1913, for : 10,104 ft. 8x4, $722.44 ; 8,123 ft.
10 X 4, $755.44 ; total, $1,477.88.

And on January 24, 1913, a check for 22,743 ft. of
4 in., $895.02 net.

Peculiar methods of buying were followed in every
one of the industrial departments. There were five
bidders for 100 tons of scrap iron. The lowest bid
was $9 and the high bid was $15.50. The price paid
was $12.75.

Mr. Mills bought of the Elm Woolen Mills $3,299
worth of suiting without competitive bidding.

On one occasion 4,500 feet of lumber was bought at
$78 per thousand while the market price was $62.

In many cases no attempt was made to get com-
petitive bids. The orders were simply sent to some
favored concerns who sent what they liked and
charged what they liked and there was never any ques-
tion. A year ago there was a specification for 27,000
of tampico sent to Wilkins & Co., of New York, and
Wilkins Bros., of New Jersey. The latter did not bid
and the order was given to the New York company.
I do not know whether there is any connection be-
tween the two concerns, but I am of the opinion that
the specification was sent to both concerns with the
full knowledge that only one concern would bid and
that the sole object in sending out the two bids was to
make the record show that an effort had been made to
get bids from various concerns.

On nearly all of the orders sent out appear the
words " best quality." It appears that these woTds
have often been added to the memorandum after the
goods have been delivered. They meant nothing.

I file with this report a statement showing many
instances where the highest bidder got the orders.

908 Public Papers of (toveenoe Sulzeb

Within the last two years $3.20 each have been paid
for .axles, when the lowest bidder offered them for
$3.02.

Stay binding was bought at 50 cents gross yard when
the lowest bid was 32 cents.

Low bidder. Paid.

2,000 yards selisa $0 06% $0 07%

2,000 yards suiting 55 62%

3,000 yards suiting 14% 20

1,500 yards fancy suiting 59 65

1,000 yards suiting 40 62%

5,000 yards Oxford suiting 18% 20

4,000. yards Oxford suiting 17% 19

2,200 yards Oxford suiting 18 21

10,000 pairs hemlock insoles 7 9%

5,000 pairs women's insoles 5 7

10,000 horn fibre counters 140 150

4,0OO men's horn fibre counters 1 35 1 50

5,000 feet kangaroo side leather 16% 18

5,000 feet black glazed side leather 17 18

1 barrel furniture varnish (per gal.) ... 17 18

3,000 yards bleached sheeting, 15 17%

100 tons scrap iron 9 99 12 75

125 tons pig iron 15 65 16 00

These are only a few of the 103 cases filed with this
report where the high prices were paid for material.
I have no doubt but that in the cases where the prices
higher than the lowest bid were paid, and which were
a trifle less than the highest bid, the highest bidder got
the contract at a price less than his first bid. That
there was collusion seems certain.

The methods of doing business in the industrial de-
partment were so unbusinesslike, to use no stronger
phrase, that to dip in the records leads to the gravest
suspicions.

In certain cases only one specification was sent out.

Bemoval Peocebdings and Investigations 909

In some instances the names of firms were put on the
list for the receipt of specifications when it was well
known from the records that they would not bid. In
other cases it appears as if arrangements have been
made where very high bids have been sent in to give
the excuse fdr accepting lower bids that were really
excessive. Since the first of the year more specifica-
tions have been sent out. It only requires an honest
administration to eradicate this incompetent, wasteful
and dishonest way of doing business.

Another sample of the unbusinesslike methods that
prevail is that it appears there has been no effort made
to collect accounts due the prison. Here is a list of
the accounts :

BeUevue Hospital $23,172 82

Superintendent of Public Charities 12,337 36

Department of Street Cleaning 15,334 75

Central Islip State Hospital. 4,492 87

Department of Health 6,443 19

Department of Education 5,492 74

Total ,. $67,273 73

Here are a few facts showing how, during the last
two years, the business has deteriorated. The busi-
ness of the cldthing department shows a profit during
the first six months of the present fiscal year of
$7,027.24. This is an increase over the profits of the
corresponding period of 1912 of $1,170.62, and a de-
crease for the same months of 1911 of $5,712.12.

The shoe shop shows a, profit for the first six months
of the fiscal year of $6,447.51. This is a decrease from
thie profits of the corresponding period of 1912 of
$1,197:98 and of $2,785.52 under the receipts of 1911,

910 Public Papees of Goveknoe Sulzer

Anotlier striking method of the. way business is con-
ducted in this prison can be found in the brush shop.
In 1911 the gross sales were $17,264.50, on which there
was a profit of $3,199.50, and in 1912 the gross sales
were $24,103.97, the profits on which were only $2,782.

The gross sales for the first six months of the fiscal
year, 1911, were $1,866.82 — over three times the profit
of 1912 on sales which were about $1,800 less in gross.

I consider it would be useless to make any further
investigation into this matter. All that is needed is
to change the personnel of the men in charge.

On an order from Bellevue Hospital for 172 mat-
tresses, a price of 35 cents a pound was quoted by Mills.
It cost 26 cents per pound for hair. Fifty dozen
brooms, made up at Mr. Mills' suggestion, were never
sold.

The sash and door department of the prison has con-
tinued, although it is generally admitted that the de-
partment is of no value whatever and is only a burden
for the prison management to carry.

This department shows a loss for the past six months
of $745.57, and practically the same amount for the
corresponding period of the previous fiscal year.

But in 1911, prior to the administration of Super-
intendent Scott, it showed a profit of $6,718.66.

The cart and wagon department shows a profit for
the past six months of $6,718.19, an increase over the
corresponding period of last year of $3,498.44. The
gross sales amounted to $79,676.56 in 1911, on which
there was a profit of $17,185.62. In 1912 there was a
profit of $22,890.84 on gross sales of only $48,879.28.

The knitting and hosiery department is the most
important one at the prison and it showed a profit for
the past six months of the fiscal year, 1913, of

Eemoval Pkoceedings and Investigations 911

$17,159.20, an increase of $9,752.73 over the profits of
the corresponding period of last year.

The figures also show a peculiar condition of profits.
The gross sales for 1910 were $120,368.48, on which
there was a profit of $48,640.28. In 1911 the sales
were $109,181.32 and tlie profits were only $21,416.32.
This was a loss in the net of about $27,000, while the
gross sales decreased only about $11,000.

The loose and unbusinesslike methods could be mul-
tiplied indefinitely, but I think the facts presented here
are sufficient to show that the matter needs the atten-
tion of some man conscientious enough to forget occa-
sionally his pleasures and profits.

THE COMMISSAKY DEPARTMENT

The waste in this department is so excessive that it
looks very much as if food was thrown away in order
to create an excuse for buying more for the benefit of
somebody's pocket. Good beef comes into the hands
of the storekeeper, bad beef is served to the inmates.
I found nobody who could or would explain this
strange occurrence. It may be that the good beef is
exchanged for bad beef. Such a suspicion as this may
appear foolish because it would entail a roundabout
way to graft, but my experience in the prisons has con-
vinced me that many prison officials are unsparing in
this direction.

Figures from the .commissary department excited
my admiration of the capacity of the warden to con-
sume beef. During March he was served with 469
pounds, which seems a deal of meat for one family to
eat. If these figures are wrong the fault lies with the
bookkeeping system and not with me. During the
month 16,230 pounds of beef were bought and the

912 Public Papebs oj? Govebnok Sudzeb

records show that it was disposed of in the following
fashion :

Warden 469 pounds

Principal keeper 69 pounds

Night force 192 pounds

Condemned men .., , . . . 530 pounds

Hospital 1,155 pounds

Convicts 12,633 pounds

On hand 3 pounds

This left 1,179 pounds to be accounted for and it was
promptly accounted for by the declaration that it was
due to shrinkage. There was also considerable waste,
but this was not referred to at the time. Later this
reticence was overcome.

The more beef consumed the better for Armour &
Company, who sell the prison about 90 per cent, of it,
thanks to an active agent. I am strongly of the opinion
that the meat bought from other concerns on some
other plan might result in cutting the shrinkage down
to something less than '40 per cent.

Some reason for the large consumption of beef ap-
peared when the waste was looked into. I thought
there was a good deal of waste in the other prisons,
and there really is, but it sang small in comparison
with the way food is squandered in Sing Sing. The
waste is at least 25 per cent., or in round figures about
$15,000 a year. I intended going into the various items
of waste in detail and show just how much newly-
cooked food was thrown away each day. But very
shortly this detailed work became unnecessary because
the broad aspect of the matter was speedily sufficient
to prove conclusively that a change in the petsonnel
of the commissary department would mean thousands
of dollars saved for the State.

Removal Proceedings and Investigations 913

On Tuesday, April 8th, 1,000 pounds of food were
taken from the tables and thrown into the swill barrels.
This food consisted of hamburg steak, vegetable soup,
boiled potatoes, bread and coffee. From Wednesday's
breakfast alone the waste weighed 625 pounds. Then,
suspecting that this supervision of the waste was to
continue, some care was exercised so that the waste
from Thursday 's breakfast was only 200 pounds. This
proved that the waste was Wanton and that only in-
different care could have reduced it at least one-third.
This waste runs all through the department. Sixteen
hundred pounds of potatoes weighed only 1,100 pounds
after they were pared.

The method of buying flour for the prison is mys-
terious. All kinds of bids are sent out, but one con-
cern nearly always gets the order. -When the flour
comes to the prison in carload lots the receipts are
signed by Frederick J. Hahn, the kitchen keeper.
Mr. Hahn was asked :

Q. Do you count the number of barrels? A. Not
always.

Q; The storekeeper says it is all right and you sign
your name to the receipt? A. Yes, sir.

Q. It might be 250, 300, or 350 barrels ? A. Yes, sir.

Mr. Hahn said that the whole codfish was bought by
order of Colonel Scott and that the method was wrong.
Scrap codfish, he said, was cheaper and more nutritious
and there was no waste to it.

Then came this testimony :

Q. Did Colonel Scott ever speak to you in regard
to methods in running the kitchen? A. I do not know
whether he asked me about better methods, but T know
I have had arguments with him in regar£ co tue
methods we were working under.

914 Public Papers of Goveenor Sulzer

Q. Did your arguments have any effect? A. He
told me to get out of the office.

Q. Do you think you could save $1,000 a month
under different methods? A. Yes, if I could do the
buying as it ought to be done.

Q. That is, under honest, ordinary business
methods? A. Yes, sir.

Q. Are the articles you receive up to specifications?
A. I do not know; I would have to see the samples, .and
they are not kept here.

Q. They are kept in Albany? A. I think so.

Lyman S. Gibbs, the storekeeper, talked glibly about
the various firms that sold goods to the prison, but he
neglected to mention the firm of R. C. Williams & Com-
pany. When he was asked if this concern did not
furnish a fair share of the goods for the commissary
department he explained:

' ' You see, they deputize a man named Theodore Lin-
ington, Jr., who makes the contracts for them. Instead
of selling the goods direct, that firm allows Linington
to furnish the goods in his own name. "

The commissary department of the prison is run
along incompetent if not dishonest lines. There is
criminal carelessness if not downright grafting. Signs
that this is the case stick out as plentifully as quills
on the back of a frightened porcupine.
Reispectfully submitted,

GEORGE W. BLAKE

Commissioner

Removal Pkoobedings and Investigations 915

Appointment of John A. Hennessy as Special Commis-
sioner to Examine and Investigate the State Com-
mission of Highways and Department of Highways,
Including the Office of Former State Superintendent
of Highways and the Commissioner of Highways

State of New York — Executive CH|Ambeb

To All to Whom These Presents Shall Come, Greeting:

Know ye, that pursuant to section 8 of the Executive
Law, I have appointed, and by these presents do
appoint

John A. Hennessy,

of New York city, as a special commissioner to serve
without compensation, to examine and investigate the
management and affairs of the State Commission of
Highways as constituted under chapter 30 of the Laws
of 1909, as amended by chapter 646 of the Laws of 1911
and chapter '83 of the Laws of 1912 ; and the Depart-
ment of Highways constituted under chapter 80 of the
Laws of 1913, including the office of the former ' ' State
Superintendent of Highways " and of the " Commis-
sioner of Highways. "

The said John A. Hennessy is hereby empowered
to subpoena and enforce the attendance of witnesses ;
to administei" oaths and examine viritnesses under oath
and to require the production of any books or papers
deemed relevant or material.

And I hereby give and grant unto the said John A.
Hennessy all and singular the powers and authorities
which may be given or granted unto a person ap-

916 Public Papees of Goveenoe Stjlzee

pointed by me for such purpose under authority of the
statute aforesaid.

In witness wheeeop I have subscribed my name
to these presents and caused the Privy Seal
[l. s.] of the State to be affixed hereto at the
Capitol in the city of Albany this twenty-
fifth day of March in the year of Qur Lord
one thousand nine hundred and thirteen.

(Signed) WM. SULZEE
By the Governor :

iChestbe C. Platt

Secretary to the Governor

Report of the Advisory Commission on Roads both In^
dividually and Collectively

Repoet of Eugene W. Steen

New Yoek, March 31, 1913

Hon. William Sulzee, Governor of the State of New
York, Albany, N. Y.:

SiE. — The Advisory Commission on Roads was ap-
point'ed by you on February 21st, to report to you on
the following matters in connection with the building
of highways in the State of New York, namely :

(1) To advise as to the proper organization and ad-
ministration of the Department of Highways.

(2) To assist in the selection of a Commissioner of
Highways.

(3) To gather information and make recommenda-
tions regarding the construction and maintenance of
highways.

Ebmoval Pkoceedings and Investigations 917

(4) To inake such other reoommendatioiis as we inay
deem desirable, affecting the construction of highways
in New York.

After carefully considering the report of the major-
ity of the members, I find that it does not express with
sufficient clearness and force, my views on some of
these matters, and I, therefore, report to you as fol-
lows :

(1) Organisation and Administration of the Depart- ^
ment of Highways

It is a prevalent idea with the public that the con-
struction and niaintenance of roads is a very simple
matter requiring only ordinary business ability;
whereas the facts are that in no department of public
works is there greater opportunity for the exercise
of sound engineering principles, technical knowledge
of the subject, and true economy than in the building
and maintenance of roads. A very great deal of money
is being wasted every year, by the road departments
of many of our States in ignorant and useless experi-
mentation on road materials, and methods that have
been tried out and long ago abandoned by engineers
experienced in this kind of work.

Highways in New York State will never be properly
and ecspnomically constructed and maintained unless
a thoroughly efficient engineering department 'be or-
ganized in connection therewith.

The Murtaugh bill, reorganizing the Department of
Highways, which has just become a law, unfortunately
has grave defects, both in the entire scheme of organ-
isation, and in the small sauries attached to the prin-
cipal positions, which defects, unless corrected, would
seriously hamper any honest endeavor to tho^roughly
organize the department on an efficient basis.

918 Public Papers of Governob Sulzeb

My criticisms of the existing law are as follows:

The commissioner is not required to be a civil en-
gineer, nor one who has had experience in the construc-
tion of engineering works, nor in the organization of
engineering departments. The law would permit a
layman to fill this very responsible position. If a lay-
man were chosen, the engineering organization is not
properly planned to be efficient, nor to attract to it the
right kind of men. There should be under the com-
. missioner, a chiief engineer of the Highway Depart-
ment who should be directly responsible to the com-
missioner for all the engineering work, and therefore,
should have full charge and responsibility in the pre-
paring of plans and specifications, execution of the
contracts, and of the carrying out of the work, likewise
of the maintenance of all roads which come under the
jurisdiction of the department.

The chief engineer should have the right to seslect
his staff consisting of three assistant engineers and
nine division engineers, subject to the approval of
the commissioner.

In such an organization, the commissioner would be
able to hold the chief engineer entirely responsible,
and the latter could not then complain about the divi-
sion of responsibilities which the law permits in which
the chief deputy is really no more than an engineering
advisor to the commissioner, and has not any real re-
sponsibility or authority in the actual execution of the
work, having absolutely no control over the division
engineers, who are in actual charge of construction,
nor over the second and third deputies, who have en-
tire charge of the maintenance and repairs of all roads.

The bill as framed is not sufficiently exacting as re-
gards the qualifications necessary for the so-called

Removal Pkoceedings and Investigations 919

deputies, and limits the selection from among those
who have had practical experience in construction and
maintenance of highways. The bill is very weak in
the use of these qualificatiolis, which would permit a
man who had been in such a position as foreman over
a gang of laborers employed on road work, to become a
deputy, with all the great and highly important re-
sponsibilities which attach to the office. Furthermore,
it would limit the field of selection to a small body of
men. I would recommend that railroad engineers be
eligible for appointment, as the, experience in grading,
construction of bridges, foundations, drainage, etc.,
gained in railroad construction is applicajjle to the
similar problems met with in highway construction,
and a thorough knowledge of organization and of the
handling of men, and of business methods, a thorough
practical training in construction, and zeal and effi-
ciency, are among the qualifications of a successful
chief engineer of an important railroad. The only
qualification he might be lacking in would be experience
in the proper surfaces for highways, but given the
power to obtain advice from consulting engineers, who
have had special experience on this subject, it is reason-
able to suppose that a competent chief engineer from
one of our prominent railroads might be an ideal
selection.

The compensation for the heads is altogether inade-
quate to attract the proper kind of men to this depart-
ment. The commissioner should receive a salary of
about $15,000 a year, the chief engineer of about $12,r
000 a year, and each of the assistant engineers, $6,000
a year. This increase over the salaries allowed in the
Murtaugh bill, amounting in all to only $19,000 a year,
ought to enable the State to obtain the services of men

920 Public Papees op G-ovbknor Sulzek

who are eminently qualified to fill such very respon-
sible positions.

The law requires that inspectors of construction
shall be selected from residents in the county in which
the highway constructed or improved is located. While
preference should be given to residents, we do not be-
lieve that this should be mandatory, as very often the
appointment of nonresidents might be found desirable
or necessary, and be decidedly better for the efficiency
of the service.

The chief engineer, the three assistant engineers, and
the nine division engineers should not come under civil
service requirements, as these men should form part of
the official family of the commissioner, and be remov-
able by him at any time for the good of the service.

(2) Selection of a Highway Commissioner
The selection of a proper person for the office of com-
missioner is most important. No -matter how good the
scheme of the reorganization of the Department of
Highways may be, unless a wise selection for the posi-
tion be made, radical reform will not be effected.

Instead of naming particular individuals for this
place, it would seem to me to be more important that
the kind of man who would best fill such a "very re-
sponsible position be indicated.

The commissioner should be a man of such Mgh
character and standing as to command the respect and
confidence of the public at large. He should be of
proven executive ability, with a thorough knowledge
of how to organize such a department, and be chosen
from the engineering profession if possible, otherwise
he should be one who has had to do with the construc-
tion of engineering works. '

Removal Proceedings and Investigations 921

(3)' Types of Roads

The particular kind of a road to use in a certain lo-
cality is a problem which depends for its proper solu-
tion on a number of important factors, such "las the
kind and amount of traffic, the siibsoil, the climatic
conditions, the cost of construction and maintenance,
and the amount of money available for construction
and maintenance. It would be entirely out of place,
therefore, to recommend any particular types of roads,
beyond calling attention to the fact that there are two
fundamental requirements which are accepted as axio-
matic by all who are authorities in road building;
namely, that in all cases there should be perfect sub-
drainage iand a rigid foundation.

There is no heed for extensive experimentation in
the near future on the part of the State of New York
as to what kinds of roads to build, for so many inethods
have been tried both at home and abroad, that intel-
ligent investigation of what has been already done
would be sufficient to indicate what types of roads and
road surfaces should be eliminated from consideration,
and what types are best suited for particular localities.

It will doubtless become advisable from time to time,
to experiment with new types, but 'this may be done
on a small and inexpensive scale. A short stretch, say
of a few hundred feet, will give just as valuable data,
as regards durability, etc., if careful and intelligent
observations are made, as many miles.

In connection with this problem, it is important
that we recognize the fact that the difficulty of provid-
ing durable roads has been greatly augmented by the
introduction of automobile traffic; the wear and tear
resulting in their use being much greater than from
horse vehicles, and that we must make up our mind to

922 Public Papeks ov Gtovekkob Sxjl.zbb

make much more durable types of roads than we have
been accustomed to in the past.

There can be no doubt but that the rapidly moving
automobile and auto truck have come to stay. This
method of transportation is yet in its infancy, and be-
fore another generation, if proper roads shall have
been provided to take care of it, the economic benefit
to the community, resulting from their use, will be of
great value.

Another important consideration which should not
be lost sight of is the fact that the money to construct
the new roads in this State is raised by bond issues,
maturing in fifty years from the date of issue. It would
be manifestly unfair, therefore, to future generations,
to construct roads with this money that last only a
few years, if more durable types requiring less annual
expenditure for maintenance are economically prac-
ticable.

Maintenance

The proper maintenance and repair of existing roads
is just as important as the construction of new ones.
England, France and some other countries of Europe,
are far ahead of us in the thoroughness and efficiency
with which they keep up their roads.

It is most important that the Department of High-
ways should be thoroughly organized for this purpose,
so that repairs may be promptly, economically and
efficiently made, for by promptly repairing small de-
fects, not only is the road made better, for constant
service, but the cost of maintenance is decreased.

The amount allowed in the budget for maintenance
should be sufficient to avoid any delays in making im-
mediate repairs.

Removal Proceedings and Investigations 923

(4) Additional Recommendations

In addition to the foregoing, I make the following
recommendations on matters not yet touched upon :

Existing contracts for roads which are undesirable
should not be executed, but canceled wherever possible.

New contracts should not be let until the commis-
sioner shall have been able to thoroughly organize his
department, and investigate the plans and specifica-
tions which are now adopted by the department as
standard types of construction, and he should, of
course, be given ample time to prepaire revised plans
and specifications.

Supplementary agreements, radically changing the
character of construction in work contracted for,
should be avoided.

Specifications should be revised and should clearly
describe the work to be done, and there should be a uni-
form interpretation of them by the department.

A thorough study of the highway map of the State
should be made without delay. It should be revised
where necessary, so as to unite the present State and
county highway systems.

Very respectfully,

(Signed) E. W. STERN

Repobt op William D. H. Washington

Albany, N. Y., March 25, 1913
My dear Govbknor. — Responding to your request
you will find below the views of an experienced business
man of the requirements and qualifications needed for
your highway commissioner.

Since the responsibility for this department will to

924 Public Papers of Governor Sulzer

a certain extent at least be shared by the executive it
follows that the man should be —

Fitted and experienced in as many directions as
possible for the work which he will have to execute.

Consequently he should be a man of sterling integ-
rity, above temptation, with a clean record, with busi-
ness and executive ability and experience, independ-
ence and backbone and subject to the control of none
but his superior.

He should be a man of affairs and it would seem
peculiarly desirable that he should have a thorough
knowledge of the work he will have to perform and if
possible a knowledge of the class of men and of their
methods with whom he will have to deal. , Consequently
he will not be an easy mark or likely to have things put
over on him.

If the individual was available who had been a
student of roads, transportation and traffic questions;
who was experiencQd and had a knowledge of high-
ways and road construction; who. knew the elements
and materials which enter into their composition; who
knew the best means of putting such materials to-
gether; who had organized work and who had been
a contractor himself; who had also technical as well
as practical knowledge of the question before him,
it would seem an added advantage.

The highway question to-day is not a question of ad-
ministration alone. The best administrator in the
world might give you the poorest roads for lack of
knowledge of the necessary qualities .which they should
possess. Highway building to-day is not like run-
ning a store, or an established business.

The best type of highway has not yet been deter-
mined upon and the man without knowledge and ex-

Removal Pbooeedings and Investigations 925

perience in such lines would surely be handicapped in
selecting the best, as wearing qualities, foundation,
drainage, first cost, traffic and the cost of maintenance

all have to be considered in their relative values.

*

There would appear to be as little objection if the
man should have technical knowledge as it would be to
a Governor of a State who should happen to be a
lawyer. No man in our day and generation has shown
greater powers of organization, or greater executive
ability than Colonel Goethals, head of the Panama
canal constructions.

On the contrary the man without practical knowl-
edge of the work on hand would be practically a puppet
or putty in the hands of his engineer, whose word and
judgment he would have to depend upon in all con-
struction and technical questions. It would certainly
seem advantageous that he should be able to give coun-
sel rather than take his views from his deputy.

I saw the difficulties to-day of exchanging ideas
through an interpreter. Your highway commissioner
should not require an interpreter or engineer to be
with him when he went out to inspect or examine work
under construction or completed to tell him whether
it was good or bad.

Your Advisory 'Commission in their specifications
for the type of man desirable for highway commis-
sioner -say that a man with competent knowledge, and
it was a close question and many wanted it to read
technical knowledge, would seem a man most desirable
for this position.

Feeling that the selection of the man for this import-
ant work if of moment to you as the highways con-
structed under your administration can be made an
enduring monument to you or a serious reflection,

926 Public Papers op Gtovbenok Sulzek

I am giving you my best judgment and what I would
do myself and the type of man I would select myself
after years of experience in and along these lines, and
trusting it may be useful to you, believe me, with
every wish and ambition for your success in all the
undertakings of your administration.

Most truly and sincerely yours,
(Signed) W. D. H. WASHINGTON

Eepoet of Amasa J. Paekeb

Albany, N. Y., March 24, 1913

Hon. William Sulzeb, Governor of the. State of New
York, Albany, N. Y.:

My dear Goveenob Sulzee. — Without question each
member of your Advisory Highway Commission appre-
ciates the magnitude of responsibility .;involved at
this tim« in the new law, with a single, highway com-
missioner, in force.

Every member has given his best thoughts to the
investigation and discussion of a number of very dififi-
cult problems, particularly these growing out of your
suggestions to the commission, at the Executive Cham-
ber, Albany, N. Y., Monday, February 24th.

The commission has agreed upon vital points which
are being engrossed by its secretary, who expects, to
place the same in your hands to-day.

Last week I called your attention to the alleged large
number pf highway contracts already let which should
be held up, carefully investigated and acted upon, in
several ways, immediately, on the advice of the Attor-
ney-General.

Dottbtless there are a considerable number of these
contracts which should be canceled by the State.

Eemoval Proceedings and Investigations 927

At that interview, you invited me to submit to you,
in form of a brief, any points bearing upon the work
of the Advisory Commission which I thought advisable.

I have since then learned that there are now under
contract by the Highway Department 318 roads
amounting to 1,679 miles and they are the uncom-
pleted construction jobs.

What other work, not included in the above para-
graph, is in the Highway Department at present I
have no definite knowledge, but I am informed that a
sub-base has been added to a large number of con-
tracts, by amendment, by the old commission within
the past fifteen months.

To my mind a statement of facts as to the present
condition of Highway Department matters shoidd now
be made up and published generally for the enlight-
enment of the people of this State and urging, them, pa-
tiently to aid in a healthy and prompt solution of the
present sad condition of affairs.

I regard it as idle to find fault with the errors of
the past in this department, where wrong-doing or
fraud cannot be proved, for it may well be claimed
that it is a wonder that more errors have not been
made by the old commissions.

From the beginning of the Highway. Department
work there has been an almost irresistible pressure
brought to bear on the commissions to build roads with^
out delay in all parts of the State.

Individuals, delegations, party leaders and every
possible influence have been exerted on the boards
and the officials have been hounded early and late, at
their homes and offices to begin the jobs.

It was like the cry of the north of the Civil War
" On to Richmond."

928 Public Papers of Gtoveenor Sulzer

Each section of the State had to have its just quota
in the great work, from year to year, and every citi-
zen demanded a road to pass his front door.

Independent and nonconnecting roads resulted.

The enormous demands and want of money resulted
in fixing the breadth of road at sixteen feet, which has
proved to be a grave error and hastened present con-
ditions.

This gauge might do for automobiles of those days
but it insured by degrees the driving of horses from
such a narrow highway.

This same individual and party pressure doubtlessly
resulted in hasty employment of many unfit and un-
reliable officers for the respective places in the High-
way Department.

Naturally the result was faulty surveys and borings
to ascertain the stratification of the land for the pro-
posed roads were neglected and resulted in hasty plans
and hurried preliminaries and lettings.

In short, things were not done with that extreme care
and watchfulness of detail that should have prevailed.
Besides the narrow gauge of the roads the three other
errors were poor inspection, weak foundations and
inadequate drainage.

With the expulsion of horses from our narrow roads,
supposed to be adequate for that period, came the
enormous auto bus and later on we have of alarming
weight and size the auto truck in the vicinity of cities
and villages.

Auto trucks are now in use weighing from six to
ten tons and have a carrying capacity of perhaps at
least twice their own weight.

This new problem renders thousands of miles of
highways in this country and abroad of comparatively

Removal Proceedings and Investigations 929

little value and of questionable safety if used by such
vehicles.

The immense auto bus and auto truck of the pres-
ent day have by no means reached their full* growth
and weight and what the future will develop or the
laws of our land and the world at large attempt to fix
as a maximum is beyond human foresight or prediction
at this present moment.

These vehicles may well be denominated juggernauts
of our present civilization and with their excavating
and destroying 'and propelling rear wheels appar-
ently nothing short of a rock surface can withstand
disintegration.

In many sections of the State it is reported that a
complete blockade exists on portions of our State
roads and the demand for the early construction of
connecting roads, some of them not: over a mile in
length appeals to a Justifiable preference in many
cases.

Of course, the perfect road for, all conditions,
climates and uses can never be built by man, but 'he
can and must do his best and accomplish the most
possible without delay.

To build more questionable roads where auto trucks
cannot be used safely is a grave error and must be
halted.

The expenditure of the new fifty millions of dollars
for our highways must he left alone until we have in-
telligently and honestly spent the twenty millions of
dollars still on hand.

These views I strongly pressed before the advisory
board in New York, Friday, March 14th, ,:

Vast repairs in the aggregate in every section of the
30

930 Public PAPteES or Govebnob Sulzee

State where highways exist await immediate, intelli-
gent, economical and forceful attention.

In this connection, in my opinion, your Advisory
Commission clearly proved that while the highways of
Great Britain and France were the best in Europe,
they were no better than our best New York State
roads-. It has also proved that the prompt and efficient
repairs to roads in those two countries were in or-
ganization and results far superior to our own road re-
pair system in this country.

The immediate and all important problems for you
to-day with what has been gathered and placed in your
hands by your Advisory Highway Commission and
very valuable information gathered from other quar-
ters since you became Governor is to find a man who
can truly fill, if willing to do so, the position of State
Commissioner of Highways.

For said commission to have submitted a name or
names to you for this place would only have ended in
disappointment and probable embarrassment to you.

If such a man cannot be secured and now, the High-
way Department is no better off and in my judgment,
not as well off as under a commission of three able
and experienced men.

Permit the suggestion here he added that if he can
he found he should he nominated hy you, and the
Senate then has thrown upon it the responsibility of
confirmdiion or rejection.

Under the peculiar conditions of the case and the
vast amount of money to be expended some time in the
not distant future, depend upon it that no man can be
agreed upon unless a man of the Colonel Goethals type,
education, remarkable capacity and executive ability

Removal Proceedings and Investigations 931

could be found to undertake this herculean job for the
sum of $10,000 a year.

The man to fill the position of Commissioner of
Highways should be one without fear and above re-
proach, who has already established a reputation in
this State for unquestioned strength, ability and in-
dependence of character, who has learned how to do
things and has done them. A man for emergencies,
resourceful and full of power to proceed with his
duties, with a clear vision of what is to be done and
who has been successful in his undertakings, profes-
sional or otherwise. A man who is a judge of men from
long experience and can select and handle a large body
of men in the several sub-departments with a firm hand,
enforce economy and secure a maximum result with
promptitude. A man of the right age, sound mentally,
morally and physically, temperate and self-contained,,
with great reserve strength and tenacity of purpose.

Entering into the selection of a man for this posi-
tion should also be carefully considered the character
of his education; whether technical or practical, his
attitude for mechanics and kindred subjects, knowl-
edge of highway construction and in what ways and
where, his experience in finance and in handling large
sums of money and the results attained by him in the
matters enumerated.

In closing let me add that valuable papers relating
to points which may be required in framing amend-
ments to the Highway Law as it is and in other mat-
ters, in my hands, are at your service.
Very respectfully yours,

(Signed) AMASA J. PARKER

932 Public Papebs of (toveenok Sulzee

Repoet of Gteoege H. McGtuiee

Sybacuse, N. Y., March 20, 1913

Hon, William Stjlzee, Governor of State of New
York, Albany, N. Y.:

Deae Sie. — Mr. Wm. Pierrepont White, of Utica,
a member of the Advisory Good Eoads Commission,
notified the members of the commission, that he did
not care to subscribe to any report that did not in-
clude the resubmission of the second $50,000,000 bond
issue to the people, in order to change the method of
the bond issue, the rate of interest and also to secure
the remapping and relocating of the highway system,
and the incidental postponement of construction work
for two years or more.

This is a recommendation that the Advisory Good
Roads Commission was not prepared to incorporate in
its report to you.

The original Barge canal referendum provided that
the bonds would be issued for eighteen years. When
the Comptroller undertook the sale of $2,000,000 of
the bonds, at 3^2 per cent, interest, he found they
could not be sold with advantage to the State. Gov-
ernor David B. Hill and Hon. George Clinton of Buf-
falo took up the matter and consulted with several
eminent bankers of New York, who advised that the
bonds could not be sold with advantage to the State.
Upon the recommendation of Governor Hill, the Legis-
lature resubmitted the referendum to the people and
the issue was made for fifty years.

The Barge canal 50-year 4's are selling at 101, and
the Barge Canal terminal 30-year 4's sold a few weeks
ago for 100.026.

The sinking fund is not in the form of liquid cash in
the banks of deposit drawing 3i/^ per cent, interest but

Eemoval Proceedings and Investigations 933

under the provisions of the Finance Law the money
in the sinking fund is reinvested in municipal bonds,
all of which pay more than 4 per cent, interest. Fully
95 per cent, of the money in the sinking fund is rein-
vested in municipal securities that pay from 4i^ to
5 per cent, interest.

Mr. White prefers to have serial State bonds for
.highway improvement instead of long term bonds. He
takes as a basis the full issue of $50,000,000 in bonds.
The issue of a long term bond and the creation of a
sinking fund enables the levy of an equal annual con-
tribution to provide for the annual interest and; the
redemption of bonds at maturity, and to amortize the
sinking fund on a 4 per cent, basis and provide for in-
terest would require a fixed annual, contributidn of
$2,327,510.

To provide for the payments of principal and in-
terest at 4 per cent, on serial bonds would require a
levy of $3,000,000 the first year, $2,960,000 the second
year, $2,920,000 the third year and a gradual reduc-
tion each year until the fiftieth year, when $1,040,000
would be required. Although the annual total pay-
ments paid out of the treasury on account of interest
and redemption of long term bonds maturing in fifty
years will be somewhat in excess of the amount re-
quired for interest and redemption to serial bonds, it
should be borne in mind that the annual contribution
to the sinking fund for long term bonds is, as stated
above, uniform for each year,whereas appropriations
must be made for serial bonds, as stated above, $3,-
000,000 for the first year and $1,040,000 for the fiftieth
year, and that if these excess levies on account of
serial bonds in the earlier years were amortized, there
would be practically no difference in its effect on the
treasury by the issuance of either serial bonds or long

934 Public Papers of GrovEEiiroE Sttlzee

term bonds. We must, therefore, meet this question on
the popularity of a long term or serial bond for in-
vestment. If this were an original proposition of the
State, with no outstanding bonds, it would unques-
tionably be advisable to issue long term at the present
time, but with over one hundred million of long term
bonds of the State outstanding, it becomes a question ;
the margin of profit on 4 per cent.- bonds selling close
to par is, of course, greater for a fifty-year bond than
for a serial bond. On the other hand, the annual reduc-
tion of serial bonds relieves the market of a substan-
tial block of bonds each year, although this might re-
sult in the Legislature authorizing the issuance of new
bonds for additional highway improvement, so that the
debt might not be reduced as contemplated. With the
present condition of the security market, the prevailing
uncertainty of market conditions and the present de-
sire of investors and investing institutions for shorter
maturities, it is possible that the earlier maturities,
constituting the first ten or fifteen million dollars of
the issue, might be more popular than a long term
fifty-year bond^ but this might not in turn be true of
the later maturities running from twenty-five to fifty
years.

It may also be necessary for the State to increase
the rate of interest on State bonds to 414 per cent.,
in which event, it is believed that higher long term
or serial bonds could be readily sold.

In the above statement, I have not referred to the
possible requirement of an amendment to article 7,
section 4, of the Constitution to enable the issuance
of a serial bond. If such amendment is necessary, a
resubmission of a referendum measure would not
avail. Very truly yours,

GEO. H. McGUIRE

eb]viov4l,'-pboceedijsfos and investigations 935

Report of Ten Members of Commission

Albany, April 1, 1913

Hon. William Sulzer, Governor of the State of New
York, Albany, N. Y.: »

Sir. — Your Advisory Good Roads Commission ap-
pointed on February 21, 1913, to serve v^ithout ex-
pense to the State, for tlie purpose of making recom-
mendations in regard to highway matters, now begs
leave to submit its report.

England, France and the rest of Europe on their type
of roads are meeting with the same difficulties that we
are experiencing here. The combination of the sharp
metal calk, the narrow iron tire and the autoriiobile is
difficult satisfactorily, to accommodate. The old type
of traffic compressed the road, while motor traffic,
taking its traction from the road, tears and disinte-
grates it, which, together with the vastly increased traf-
fic and tonnage immediately brought on an improved
highway, introduces an absolutely new feature in the
engineering problems of construction and maintenance.

In the Empire State we also have traction engines,
long and severe winters,* very low temperature, de-
structive frosts, heavy snows and great thaws, and
now perhaps most puzzling of all, the heavy automobile
truck. This automobile truck is experiencing a remark-
able development and will, in all probability, be in the
commonest use on improved roads throughout the State
in a few years. It will probably have an important
part in the commercial expansion of the State, and the
commissioner should take this situation into considera-
tion in contemplated construction, improvement and
maintenance. We find the great nations, the greatest
road builders and road engineers, are encountering

936 Public Papers of G-oveenob Sulzeb

the same difficult problems in finding a road that will
meet and withstand these new and trying conditions.

The various highway organizations heretofore estab-
lished in New York, it is fair to say, have been con-
fronted with these growing and changing problems;
which have been increased during the last two years by
the action of the Legislature in responding to the de-
mands of the people for immediate improvement of
large stretches of highways, whidh would seem to have
been beyond what could be properly handled with the
contractors, plants, supply of labor and material
available.

We urge in the consideration of the matter at the
present time that you bring to the attention of the
citizens of the State the great difficulties in the prob-
lem, for it seems to us that the' faults that have ex-
isted in our efforts in highway construction are due in.
part to the change and increase in the vehicular traffic,
as well as in part to mistakes in construction made at
various times since the establishment of the depart-
ment.

You advised the Commission that you would like
to have it " recommend. the agency that would put the
new highway bill in operation." Your commission
from the first, and after full consideration, decided that
it would be inadvisable and impracticable for it to un-
dertake to present to you any specific name or names
for considera;tion for the position of Commissioner of
Highways.

It is our view that the commissioner should be a
man of such character and standing as to command the
respect and confidence of the public at large. He
should be of proven executive ability, which should
indicate his capacity properly to organize and conduct

Removal Peoceedings^ and Investigations 937

such a department ; a man of experience in road build-
ing or with competent knowledge of such subjects, if
obtainable, would seem most desirable.

We believe the adoption of the following recom-
mendations would result in a benefit and economy to
the State:

(1). Extensive new construction work should not be
put under .contract until the commissioner shall have
ascertained the types of roads that have already been
constructed in the State that have worn and stood up
best, bearing in mind the conditions, character and
voluijje of traffic, time and cost of the construction and
maintenance,, so much data will be utilized in deter-
mining the standard types to, be used in the future, with
^uch modifications as the best demonstrated! practices
shall determine.

.,_ (2) .The commissioiier immediately after organizing
thp department .should investigate the specifications,
plans and conditions of the contracts now in force, can-
celing contracts that should, be canceled, correcting
specifications or plans that should be corrected and
elirninating such types of construction as are, not
among the several best types which the commissipner
wiU adp,pt as the ;standard.. : Old plans shoulcj be gone
over, as well as surveys, and new plans, and resurveys
should be made where improvements or economy seems
possible. He ^hould immediately provide for proper
supervision of the execution of all work strictly in ac-
cordance w;ith the terms of the contracts and specifi-
cations., .

(3) Iji experimentation on new types no long and
costly stretches or road sliould be constructed, but
such cons,truction should be limited to short sections.

,(4) Not more than one thousand miles of new con-

938 Public Papers of (toveen'ok Sulzeb

struction work should be put under contract in any one
year.

(5) Contracts for extensive new construction should
be let in the months of September, October and No-
vember and not more than five hundred miles of road
should be advertised for letting in any one week.

(6) The period for advertising should be four Weeks,
instead of three weeks, and the J)lans and specifications
should be complete and ready to be given to bidders
before the advertisements for bids are published.

(7) The commissioner should endeavor to see to it
that work put under contract is not unnecessarily de-
layed in completion and should enforce the rules and
regulations relating to completion.

(8) Alterations radically changing the character of
construction of roads under contract should be avoided
and the commissioner should deterrhine on an equi-
table rule or contract provision limiting and governing
supplemental agreements, properly protecting the
State under such as are necessary.

(9) The deputies and division engineers should be in
the exempt class. Inasmuch as the commissioner alone
is held responsible for results to be obtained under the
appropriation and legislation, therefore, he should be
free to have men of his own selection for these im-
portant pliaces.

(10) The compensation of the first deputy, which is
six thousand dollars under the new law, should be ma-
terially increased, and he should have the power of
chief engineer, with complete charge, under the direc-
tion of the commissioner, of the engineering forces,
planning and construction.

(11) The commissioner should bear in mind that the
roads are not being constructed or improved solely for

Removal Proceedings and Investigations 939

the benefit of the owners of automobiles and automobile
trucks and he should give proper attention to the loca-
tion, construction and, improvement of market or farm
roads and should jendeavor to build up unconnected
links as soon as practicable with the object of having
a comprehensive connected system. ,
,, (12) The specifications should, be simpHfied and their
interpretation by the engineers should be uniform.

(13) Proper rnaintenance and repair of roads is al-
most equal in inaportance to the construction of new
ones., Perhaps in no other respect are the road de-
partments of England and France so vastly superior
to those in this country as in their efficiency in making
prompt and proper repairs. This to be effective must
be constant, immediate and unremitting. The atten-
tion of the department; should not bfi entirely absorbed
in new; construction work, but proper attention should,
be given to the work o| maintenance and; repair. Small
repairs should be made as soon as practicable,; in order
to preserve the roads. Old macadam roads in need of
extensive repair should be scarified and treated as a
resurfacing job by using additional stone rolled in
place with proper binder. Ditches should be cleaned
out irt the early spring and also in the late fall, when
choked with leaves and refuse. The exuding material
on bituminous roads should be covered with a sufficient
quantity of sand, stone or screening. Whenever 'Oiling
is dpne, one side: of the road should, be oiled and
screened. and, then tlie other side, unless a suitable -by-
pass or, detour can be arranged. It is important that
sand and screenings be wsed, Wherever trees or em-
bankments obstruct the view of vehicles approaching
in opposite directions, such obstructions should be re-
moved whenever possible.

940 Public Papers op G-oveenob feuLZEE

(14) The specifications for bituminous binder should
grant no special privileges, but should allow for fair
competition and proper binding material.

(15) Cement instead of being paid for in concrete in
place should be estimated separately, purchased by the
contractor and paid for by the State, under the direc-
tion of the commissioner, after it has been used in
concrete,

(16) Either stone or gravel, and not stone alone,
should be specified for concrete in all contracts, pro-
vided such material conforms to the specified require-
ments.

(17) Local stone as well as imported stone, which
conforms to specified requirements, should be admitted
for use in the bottom courses.

(18) Provision should be made for partial payment
to the contractor for stone, asphalt, brick or other im-
perishable material delivered on the site of the con-
tract in the winter season.

(19) The auditing department should be as eflSicient
and vigilant as possible and inspection of construction
should be constant and unremitting.

(20) The commissioner should be given the power-
necessary to enforce provisions of section 24, relating
to traffic regulations.

(21) Serious damage to the pavements or highways
caused by rigid attachments to the driving or other
wheels of traction engines or vehicles of this type
should be paid for or made good by the owner of such
vehicle or machine and the commissioner should be
empowered to enforce such payments.

(22) Some prompt and better methods of securing
right of ways and settling land damages should be
adopted that will save money to the State and delay
to the contractors.

Removax, Peoceedings and Investigations 941

(23) Short connecting links between roads improved
and the city or village into which they lead should be
built without delay.

The Advisory Qonamission realizes the imporjtanoe of
a new and better administration of the State Highwa,y
Department and, endorses, your efforts to briiig the
standing of the department to the highest , attainable
state of efficiency and hppes the Eecgmmendations
herein made will be of assistance to you in reaching
this result.

AMASA J. PARKER,
CHARLES E. TREMAN,
GEORGE H. McGUIRE,
WM. D. H. WASHINGTON,
DANIEL B. CTJSHMAN,
JOHN McGARVEY,
HENRY C. McCORD,
LAWRENCE W. KIRWIN,
A. J. DEER,

JOHN F. McDonald

Appointment of Commission to Examine and Investigate
the Management and Affairs of the Commissioners
of the Palisades Interstate Park

State oe New Yobk — Executive Chambee

To All to Whom These Peesents Shall Come,
Geeeting: m

Know ye, that pursuant to section 8 of the Executive
Law, I have appointed, and by these presents do hereby
appoint as special commissioners to serve without com-
pensation

942 Public Papers of Gtovernok Sulzee

John A. Hennessy, of New York city,
Henby L. Stoddaed, of New York city, and
Ernest Haevier, of New York city,

to examine and investigate the mari^gfement and affairs
of the Commissioners of the Palisades Interstate Park;
and to collate facts, receive suggestions and make such
recommendations as may seem fitting with regard to
what changes, if any, are advisable in the laws of this
State relating to or affecting the Commissioners of
the' said Palisades Interstate Park.

The said John A. Hennessy, Henry L. Stoddard and
Ernest Harvier are, and each of them is hereby em-
powered to subpoena and enforce the attendance of wit-
nesses, to administer oaths and examine witnesses un-
der oath, and to require the production of any books
or papers, deemed relevant or material ;

And I hereby give and grant unto each said John A.
Hennessy, Henry L. Stoddard and Ernest Harvier, all
and singular the powers and authorities which may
be given unto a person appointed by me for such pur-
pose under the authority of the statute aforesaid.

In witness whereof, I have subscribed my name
to these presents and caused the Privy Seal
[l. s.] of the State to be affixed hereto at the
Capitol in the city of Albany this tenth day
of June in the year of our Lord, one thou-
sand nine hundred arid thirteen.

(Signed) WM. SULZEE

By the Governor :

Chester C. Platt

Secretary to the Governor

Eemovai, Pkocbediugs and Investigations 943

In the Matter of the Charges Preferred Against Daniel
F. Cohalan, a Justice of the Supreme Court

LiiTTEEs FROM Valentine TAtLoE, Counsel tojhe Gov-

EKNOK, to the GRIEVANCE COMMITTEE OF THE BaR

Association of the City of New York

State of New York — Executive Chamb^sr

Albany, June 13, 1913

To the Grievance Committee of the Bar Association,
42 West Uth Street, New- York City:

Gentlemen.— Governor Sulzer directs me to advise
you tliat he has this day received a letter from Mr.
Justice Daniel F. Cohalan, as follows :

June 12, 1913

Hon. William Sulzer, Capitol, Albany., N. Y.:

Sib. — Charges having recently appeared in the pub-
lic press of this city emanating from one John A. Con-
nolly, reflecting upon my conduct in my professional
relations to him.

If you deem it proper and compatible with the public
interest, I ask that you direct the attention of the Leg-
islature about to convene in extraordinary session to
these charges for such action as it may deem proper,
since in view of my judicial position the Legislature
is the only body having jurisdiction to investigate and
act in the premises.

Respectfully yours,
(Signed) DANIEL F. COHALAN

Under the existing circumstances, Governor Sulzer
requeists that you file with him, any and all exhibits and
facts you have in your possession concerning this mat-

944 Public Papers of Govebnok Sulzeb

ter, together with your report, reoommendations and
conclusion regarding the same. '^ ' ''

Upon the receipt of such information the Grovernor
will take such further action in the matter as he may
deem proper under the circumstances.
Very respectfully,
(Signed) VALENTINE TAYLOR,

Counsel to the Governor

Report of John A. Hennessy, Supervising Auditor
TO THE Trustees of Public Buildings, in Relation
to Capitol Contracts

April '8, 1913 '

On the assignment of the Governor, the Supervising
Auditor to the Trustees made an investigation of the
State Architect's office in respect to certain contracts
in the Capitol. This investigation was made after a
committee of architects representing the American In-
stitute of Architects in the State of New Yorkhad re-
ported to the Governor that the State Architect, H.
W. Hoefer, and the Deputy State Architect, J. P.
Powers, were not ' ' by training, experience, or ability
competent to fulfill the duties which inhere in their
offices. We regret to find ourselves under the neces-
sity of recommending the acceptance of the resigna-
tions of the State Architect and his Deputy, or, want-
ing the resignations;,! their summary and immediate
removal." ' s. > -

The Supervising Auditor found that the State Archi-
tect had two companies on percentaige contracts wiring
the Capitol. The State Architect had made a private
contract with the New York Construction Company,

Removal Pkoceedings and Investigations 945

and, at the request of Governor Dix, had put on the
Tucker Electrical Construction Company. Conditions
revealed that the State Architect was paying double
overhead charges for supervisors and foremen om the
two jobs and for double timekeepers.

My investigation disclosed that the State Architect
against the protest of E. A. Sanders, Superintendent
of Construction, had removed the State inspectors who
took the time on these two electrical jobs, and had des-
ignated two nien and put them on the pay-roll of the
contractors. iThe State Architect had also requested
the Tucker Electrical Construction Company to re-
move its foreman "as a personal favor " and appoint
one J. F. Hogan foreman of the job.

The timekeeper on the Tucker contract was J. J.
Gaffney, a sufferer from pulmonary tuberculosis. He
checked up the material for his company land at the
same time for the State — both material and labor.

The timekeeper for the New York Construction Com^
pany was Michael J. Rooney, a marble polisher, who
certified to the value of electrical materials, lumber,
etc., and who checked up the amount of labor on the
job. Further investigation showed . that these two
electrical contracts'* were really run by W. S. Costa,
Secretary to the State Architect.

Rooney, who was put on the pay-roll of the New York
Construction Company and cheeked up the materials
and labor for the State, was designated by a political
leader. This is also true of Gaffney.

An examination of the bills of the two companies
showed that the charges for labor were entirely out of
proportion to the cost of material, and an analysis
made of the bills disclosed that many of the men draw-
ing per diem wages had only a pay-roll connection with

946 Public Papers of Goveenoe Sulzer

the work. The manager for the New York Construc-
tion Company in defending the bills for December,
January and February admitted that men had been
put to work on the order of Mr. Costa and the State
Architect ; that many of the men were unnecessary, but
that the company was directly under the instructibns
of the State Architect and his Secretary — -it being a
percentage proposition — and therefore had nothing
to do except to carry out the instructions from ^ the
State Architect's office. It was admitted that the labor
in large part was wholly unnecessary, but the contract-
ors held that it was not any of their business to go be-
yond the instructions of the State Architect and his
Secretary.

The bills of the New York Construction Company
when checked up showed a larger percentage of ma-
terial to labor by more than 50 per cent, than the bills
of the Tucker Electrical Construction Company. An
analysis of the work done by the Tucker Electrical
Construction Company, which had the percentage job
under State Architect Ware from April; 1911, to June,
1912, shows that under Mr. Ware the percentage of
labor was $1.89 to $1 of material. The Tucker people
were off the job from June until September, when at
the request of Governor Dix they were given part of
the rewiring of the Capitol, and then they came under
the direction of State Architect Hoefer, who selected
their foreman for them — Hogan — and the time-
keeper, who checked up their materials and also
checked for the State. Up to the 1st of February, the
percentage of labor was $10.94 of labor to $1 of ma-
terial, as against $1.89 of labor to $1 of material under
Mr. Ware. From the middle of October until the 27th
of November the labor was $3,002.06 against $138.21

Removal Proceedings and Investigations 947

of material. Prom the 28th of November to the 24th
of December, there was $8,502.02, of labor to $915.49
of material, and in January there was $8,590.58 of
labor to $782.51 of 'matei-ial. In the fourteen months
under Architect Ware, the Tucker Electrical Construc-
*tion Company showed $7,188.82 for labor against
$3,947.44 for material. In the four months under
Hoefer, the bills showed $25,911.11 for labor as against
$2,255.39 for material.

It was clear that the pay-rolls had been padded, not
only as to actual time worked, but also as to men
actually on the job. When asked to identify eight
men down at $5.50' per day, the Supervising Auditor
was informed, that they were masons who had worked
overtime in the Secretary of State's office.. .Ttie. pres-
ident and treasurer of the Masons' Union of- Albany,
summoned to testify as to these masons, said that only
two of the .eight were known to hinx and that only two
of the eight had worked on the job. The two men who
did work on the job, D. McKeon and J. Murphy, testi-
fied that they had seen no other masons at work. The
president of the, Tucker Electrical Construction Com-
pany, when asked, to give the names and addresses of
men. on the pay-roll for amounts varying from $500
down, to $304.44 for twenty-seven days ' work done, and
down to $100 for the same period, could not give the
addresses and said that they were picked up here and
there and no; reco.rd kept of them, although this is a
coiistruction compa.ny which does w^ork throughput the
country and especially east of Pittsburgh. An effort
to obtain the names and addresses of men who were
charged up with the work was fruitless. When the
president of the corporation and the superintendent
were asked to identify the men as to trades, the identi-
fication was proved to be fraudulent. One of the

948 Public Papers of GovEEiiroE Sulzeb

men, personally well-known to the Supervising
Auditor, was put down as an electrician, when as a
matter of fact he is not and did not work on the job.
When summoned to testify he admitted that he had
done no work of that kind. Just how many fraudulent
names were on the rolls of the Tucker Electrical Con-
struction Company, it is impossible to say, inasmuch as
the addresses of the men cannot be obtained. The total
bill of the Tucker Electrical Company submitted up to
the 1st of February amounts to $41,212.65, and Avith
the February and March work will total close to
$50,000.

The work of the New York Construction Company
on the same contract for rewiring the Capitol amounted
on the percentage contract up to the 1st of February
to $30,486.22, and including the February and March
bills will be close to $38,000. This company also has
a lump sum contract on the west side of the Capitol
building amounting to a trifle more than $46,000; so
that the total of the rewiring up to date is about
$125,000.

It should be said for the New York Construction
Company, that while it employed too many men, its
work shows up splendidly in comparison with that of
the Tucker people. The percentage of labor is $48.45
to $36.70 for material in December. In January it
was $53.84 for labor to $32.05 for material. In No-
vember it was $46.75 of labor to $38.16 of material.
Thus it will be seen that it was about $1.50 of labor to
$1 of material, as against more than $10 of labor to $1
of material under a similar contract by the Tucker
people.

James E. Strong, president of the Tucker Company,
was asked to give a complete analysis of the work

Eemoval Proceedings and Investigations 949

showing the actual material put in, where it was put
in, and the labor upon it. And this in turn was ana-
lyzed by Charles G. Armstrong', consulting engineer
and architect, in the Singer Building, 149 Broadway,
New York city.

This analysis disclosed that the electrical workers
were paid $1,000 for relaying tarpaulins, moving furni-
ture and taking up and relaying carpets in the office
of the Secretary of State, and $1,000 more for extra
overtime on the job, making $2,000i for doing some-
thing which does not belong to the electrical business
at all and which could have been done by three or four
laborers on the Capitol. The company says they moved
the furniture in and out evexy day, getting it ready for
the clerks at 9 a. m., and took up the carpets and relaid
them.

The overseer on the job, that is th« superintendent
over the foreman, charged $600 for his work and then
$600 for his overtime, together with $130 for railroad
fares and expenses and $150 for his board, and then
the company charged their percentage on the superin-
tendent's time, his overtime, and their percentage on
his railroad fares and his meals.

It would be burdensome to continue itemizing these
bills, about every third item is extra for overtime.
There is one item of $1,147.40 for overtime, and several
items of an even $200 a piece for overtime. The tem-
porary lighting in four rooms included $120 for over-
time, $90 for general labor; $200 additional for tem-
porary light in rooms for the wiremen, $200 extra cost
for overtime ; $200 for cutting granite and tile in the
Secretary of State's pflSce, and $200 extra for over-
time. The bill runs along in this same way.

There was no authority from the State Architect's

950 Public Papebs of. Gtoveenob ;StjXjZeb

office to work overtime, except an order to do so in the
Secretary of State 's office, if necessary. And the con-
tract of the Tucker people provided that where there
was any such work, there shpuld be a separate shift
of men at the regular rate of wages. It was not within
the authority of the State Architect to destroy this
contract without the assent of the Trustees, but he did
so, or the contractors say he did so, with the result
that men alleged that they worked 20 consecutive hours
a day for 27 days in November, for 26 days in Decem-
ber, and for 27 days in January. The foreman on the
Tucker job, who was placed there at the personal re-
quest of the State Architect, worked 24 hours put of
24 hours in many instances, according to the pay-roll,
The pay-roll is checked up by Gaffney, an admitted
consumptive, who when called to give testimony was
found to be in a hospital in New York.

The consulting engineer, Mr. Armstrong, has gone
over the itemized bill of the Tucker Company, and his
report to the Trustees of Public Buildings shows that
under tlie percentage contract the cost for each light
outlet is $100, and that a fair and reasonable cost,
including 10 per cent, profit, should not exceed $39.50
per outlet. The overcharge on each light outlet is
$60.50, or an entire overcharge in 139 outlets of
$8,288.50. He also finds that there are 40 other light
outlets charged for which he cannot find in the plans,
or the rooms to which the bills refer. He also finds
that the contractors gave no return to the; State for
49 floor outlet boxes which were removed. He finds
that skilled electricians ' labor was charged for cutting
woodwork and plaster. He finds that the sum of
$1,050 is charged for cutting and patching walls to
install 760 feet of conduit worth $27.05. This equals
$1.35 a running foot. He finds a charge of $4,600 for

Removal Proceedin'gs and iNtESTiGATioNS 951

cutting and patching to install 3,910 figet of conduit
work, or $1.17 a foot. The most liberal price for such
cutting and patching would not exceed 50 cents a foot.

He finds also that the bills were improper, inasmuch
as a charge of $2,159.93 was impiroperly made in the
figuring out of the percentage on the total of the job.
This analysis of the consulting engineer, together with
the report of the Tucker Company, is submitted here-
with and marked Exhibit "A," to be filed in the
minutes.

The special electrical expert engaged" finds that the
plans for rewiring the building are incomplete, extrav-
agant in' design to the last degree, land indefinite as to
the number of lights. The supervision of the work has
been practically by irresponsible persons, and he
recoinmends that either a blanket contract be made for
the remaining work, or the contract be given to some
reputable concern on time and material, plus a per-
centage with an up-set price, which he estimates will
not exceed $40,000. The engineer oh the job repre-
senting the State, and who was assigned to the job by
the late Architect, Mr. Hoefef , testifies that the remain-
ing work would cost at least $110,000, in his judgment,
but Mr. Armstrong says he can now get reputable con-
tractors who will give a bond to do it inside of $45,000.

The Supervising Auditor recommends tha;t in view
of all the facts, the bills of the New York Construction
Company be paid, and that the Tucker Electrical Com-
pany be forced to go to the Court of Claims and prove
the value of their work and the actual money expended.

In the investigation of the Architect's office, it was
disclosed that Christian Ashmusen, of' Albany, who
had been employed in the Architect's office until the
first daiy of January, had received a contract on the
recommendation of Mr. Hoefer, froin GoA^ernor Dix,

952 Public Papers of Govebkor Sulzeb •

to supervise all the electripal work, on the Capitol, be-
ginning January 1, on a 5 per cent, basis. On the work
done during January and February, this would give
him about $1,500 a month, or a little more. His salary
in the Architect's office was $2,400 a year, and it was
he w^ho attempted to design the costly plans for light-
ing the Capitol. The contract was without the author-
ity of the Trustees of Public Buildings, and Mr. Ash-
musen himself has testified that he did not attempt to
check up the labor, nor did he attempt to check up the
materials received, but he charges 5 per cent, on all
the materials and all the labor. He is willing to com-
promise with the State and would like to know from
the Trustees whether he is on or off the job. The
electrical engineer engaged by the Trustees of Public
Buildings regards Mr. Ashniusen as incompetent and
inefficient, and he himself admits that he did not prop-
erly look after the work to which he was assigned on
this percentage contract just before the present admin-
istration came into office.

An investigation of the plumbing contract held by
L. F, Bannon, of Kingston, N. Y., disclosed that the
specifications had been departed from radically ; that
the change had been made without the knowledge of
the Trustees of Public Buildings, but had been con-
sented to by the State Architect.

The original specifications called for Carrara glass
in the toilets in the west wing of the Capitol. The glass
for the wainscoting was to be three-fourths of an inch
thick, and for the partitions one inch thick. The lin-
tels and jambs of the waterclosets were to be two-inch
marble. The contractor substituted an Argentine
glass for the wainscoting three-eighths of an inch thick,
and the partitions are three-fourths of an inch thick,
instead of one inch in thickness. The marble for the

Removal Proceedings and Investigations 953

jambs and lintels was not furnished as required by the
specifications, but even the vsroodwork in the toilets was
changed without any authority from the Trustees of
Public Buildings and in violation of the contract.

Experts, including one from the Pittsburgh Plate
Glass Company, and also the Acting State Architect,
conceded that the glass wainscoting, as well as the par-
titions in the Assembly toilets, the only room yet fin-
ished under the contract, are dangerous and should be
torn out. The experts also estimate that the contractor
made about from 45 to 50 per cent, more on the con-
tract by the changes in specifications. When the late
State Architect, Mr. Hoefer, was questioned he said
that there was a verbal understanding with the con-
tractor that he was to make the State an allowance,
but just what allowance could not be determined at
the time. Since Mr. Hoefer has resigned, it has been
discovered that instead of an allowance, the contractor
was permitted to get an increased sum for the changes
which were made, and in fact he received an increase
in almost every item in the schedules of his contract.
The Acting State Architect has written the Bannon
Company that the contract must be carried out as
originally agreed upon, and asks further authority
from the Trustees of Public Buildings to submit the
matter to the Attorney-General, so that, if necessary,
the bondsmen may be sued. The total, amount of the
plumbing contract is $54,488 for the west wing of the
Capitol.

In going over the accounts of the Architect, it was
found that without any authority from the Trustees
of Public Buildings, the late State Architect, Mr.
Hoefer, let to Callanan & Prescott the work for the
marble on the third floor of the Capitol, west wing.
Callanan & Prescott sublet this to the Vermorit Marble

954 Public Papers of Gtovebnok Sulzek

Company, of Proctor, Vt. The total is $102,900,
Callanan & Prescott get dy^ per cent, on this $102,900,
The records show that the State Architect allowed
Callanan & Prescott to select the bidders themselvea
for the marble, open the bid themselves, so that it may
be said in truth that there was no real contract on
behalf of the State, and no effort whatever made by
the State Architect's office to obtain proper bidding;
for the marble.

The contract is of course invalid, not being made
according to statute, but as the Vermont Marble Com-
pany has proceeded in the belief that the work was
properly ordered, the Supervising Auditor recom-
mends that the contract be properly approved by the
Trustees of Public Buildings, inasmuch as the marble
will be necessary pretty soon, after the adjournment
of the Legislature, and probably little money would be
saved at this period by a proper letting of the contracti.
Under this, the State of course is practically bound to
let the Callanan & Prescott subcontractors lay the
marble in the corridors and in the rooms on the west
wing of the Capitol building on the third floor, so Cal-
lanan & Prescott will receive 91/2 per cent, on the cost
of the marble and then 91/2 per cent, for labor in instal-
ling the marble, with which labor they have nothing
to do.

It also appears that the former State Architect per-
mitted Callanan & Prescott to enter into contracts with
the Architectural Plaster Company in the sum of
$30,410 for plastering and artificial stone vork in con-
nection with the third floor rooms and corridors in
which the marble is to be set and with the New York
and Batavia Woodworking Company for furnishing
woodwork and finish, $35,102, on the third floor. Cal-
lanan & Prescott sublet this work and received under

Removal Pboceedin'gs and Iktvestigations 955

the agreement with the Architect 9i/^ per cent, commis-
sion on the total of both contracts. This was done
without any authorization by the Trustees of Buildings
and without their knowledge. It was a clear gift of
91/2 per cent, on $102,900^ on $30,410 and on $35,102.
The State Architect simply gave up his duties, turned
his authority over to the contractors and paid them
91/^ per cent, on the total of three contracts.

It is suggested to the Trustees that direct instruc-
tions be given to the State Architect that no further
work of this sort be done, except under a contract as
submitted to the Trustees of Public Buildings, as was
done by all Architects until Mr. Hoefer came into office.

In respect of the question whether the west wing of
the Capitol should be finished on a percentage contract
by Callanan & Prescott, the Supervising Auditor to the
Trustees has taken the testimony, through a stenog-
rapher, of all the gentlemen connected with the State
Architect's office who have any supervisory work. It
is the opinion of the Chief Draughtsman, the Chief
Engineer and the Superintendent of Construction —
all three men named by the Committee of Architects
as competent to pass judgment upon the question —
that a continuation of the percentage contract is advis-
able, if the Trustees of Public Buildings will give the
State Architect authority to decide just what men shall
be employed on the job, that is, the number of men
in relation to the amount of work. These men concede
that if eight riggers are doing the work of two riggers,
and if fifty soft^stone cutters are doing work where
only fifteen are necessary, and that fifty laborers are
on a job good for only ten men, the cost to the State
is bound to go far beyond a proper contract price.

The Supervising Auditor, with the Architect and the
Superintendent of Construction, has several times in-

956 Public Papers op Gtoveenor Sulzeb

vestigated the work being done by the contractors, and
have found men sometimes doing nothing. These men
were as many as three or four together. And it was
also found that there is a regular alarm signal on each
floor when anybody comes along who may be suspected
of a desire to learn whether the men are working. The
contractors, of course, are not to blame to a very large
extent, as they are urged by county leaders and by
some members of the Legislature, to put men to work.
Where the acting State Architect has taken men off
the job, and in one case a particular man for violating
the rule against smoking, the men have been put back
through the influence of certain gentlemen in the Cap-
itol not in any way connected with the Trustees of
Public Buildings.

The architects who investigated the building for the
Governor agreed that the work done by Callanan &
Prescott is first-class in every respect, that the material
is exactly as provided for in the specifications, and that
no fault can be found with their work, beyond the ques-
tion of an overplus of labor, which, of course, fattens
the percentage contract.

In the week ending February 14th, there were 493
persons on the Callanan & Prescott pay-roll. On March
26th, through the efforts of the acting State Architect,
this number was reduced to 427, and a further reduc-
tion has brought the number under 400. This, how-
ever, means a weekly pay-roll of more than $8,000, and
it is respectfully suggested that if a percentage con-
tract is to be carried on, a resolution be adopted pro-
viding that all men shall be employed on the job
through the State Architect, and that the State Archi-.
tect have authority to say how many carpenters, how
many riggers, how many foremen of carpenters, how
many stonecutting foremen, and granite cutters, et

Removal Pkoceedings and Investigations 957

cetera, shall be employed on any given amount of work.
Should this be done, the percentage contract could be
carried out with success for the State, and with speed
which would permit the finishing of the building l^f ore
the first of next January.

The Supervising Auditor finds that aside from the
marble architectural and woodwork contracts, which
in a peculiar way were let to Callanan & Prescott with-
out any authority from the Trustees of Public Build-
ings, a most unusual contract was let to them without
any authority in law. This was to purchase furniture
from January 1st up to and including March 11th for
various rooms in the Senate and Assembly committees.
It seems that the orders came from legislative officials.
The total purchases amounted to $11,097.85 for fur-
niture and carpets, the furniture comprising desks,
chairs, tables, et cetera. This furniture was purchased
at the highest retail prices, through the Superintend-
ent of Public Buildings. Mr. Callanan cheerfully
admits that he had nothing to do with the purchases,
but that he was informed by some one that there was
no money to buy furniture, and that he lent his credit
to the State, for which he charges 9% per cent, on the
bill, his profit being $1,054.30, making the total pur-
chase of furniture amounting to $12,152,15.

The proper way, of course, was to have this done
through the State Architect's, office, and have esti-
mates made and bids obtained from furniture dealers
and carpet dealers direct. An investigation shows
that various typewriter desks, mahogany divans, ma-
hogany chairs, sectional book cases, et cetera, were
bought at prices at which any person could purchase
one desk or one chair, and that there was no attempt
njade by anyone to conserve the interests, of the State.

The purchases were made without any authority in

958 Public Papers of Gtovernoe Sulzee

law and the Supervising Auditor requests that he be
instructed as to whether he audit the bill as presented.

On February 14, 1913, William W. Armstrong, of
Rochester, a lawyer, presented to the Trustees of
Public Buildings a claim of the R. T. Ford Company
amounting to $93,397.95 for work on extras alleged to
have been necessary on the Educational Building. The
demand of the Ford Company was referred by the
Trustees of Public Buildings to the Supervising Au-
ditor, to transmit the claim to the architects of the
Educational Building, and they reported specifically
on each item. They say that the Ford Company has
grossly misrepresented the situation and that they are
not entitled to a dollar of the amount claimed.

After receiving the report of Palmer, Hornbostel &
Jones, the architects, the Supervising Auditor, sent
the claim of the Ford Company together with the com-
munication of the architects, to the Attorney-General,
and the Attorney-General has returned an opinion in
which he advises the Trustees of Public Buildings that
the Ford Company has no claim of any sort against
the State.

The correspondence between the counsel for the
Ford Company, the architects and the opinion of the
Attorney-General, is herewith submitted and marked
Exhibit "B."

Palmer, Hornbostel & Jones, architects for the
State Educational Building, submitted to ihe Trustees
of Public Buildings on February 8th, a schedule of
items which they believed ought to be approved by the
Trustees, and amounting in all to $194,503. The
matter was referred to the Supervising Auditor and
the acting State Architect, who went to the State Edu-
cational Building and saw all the persons in interest

Removal, "'Proceedings and Investigations 959

and investigated each item. The acting State Archi-
tect recommends items which with the architects'
commissions and expenses will total $52,575.90,. as
against the items asked for by the Educational Build-
ing architects of $194,503.

The items disallowed included $25,000 for a bronze
allegorical sculptured clock; $15,000 for metal vases
on the Washing'ton avenue front to complete pedestals
along the Washington avenue front; $3,500 for ad-
ditional cost of a bronze candelabra ; $4,000 for drives
about the north wing; $15,000 for new pedestals for
Washington avenue, for the candelabras, and lesser
items relating to plastering, mouldings, ventilation
and painting.

The entire list asked for by the architects, together
with the report of the State Architect, and Supervis-
ing Architect, will be marked Exhibit " C."

It should be said in relation to the $25,000 clock,
that in the report to Governor Dix it was proposed to
put this clock in at $15,000, but that afterwards the
architects wrote saying that the amount was a type-
written error, and it should have been $25,000. The
contract for this clock was signed by Grovernor Dix,
but never was formally approved by the Trustees of
Public Buildings, nor by the Attorney-General or the
State Architect.

The consulting engineer employed by the Trustees
of Public Buildings has devised a plan for electrical
wiring of the remainder of the building which will re-
duce the cost very much by avoiding much cutting of
stone. Also he has discussed, with several electrical
contractors the question whether their men would not
agree to waive their rights in the premises and let the
Albany Bricklayers, Masons and Plasterers' Union

960 Public Papers of Governor IStJL.ZER

have its way. The contractors were thoroughly wil-
ling to go ahead with the work and supply men, if
necessary, from New York, who will do it. This seems
to be the only way of averting more delay on the
building.

A compilation of the money paid so far on the
Capitol shows that there has been expended directly
or indirectly in payments, or on contracts which have
been let that are yet unfinished, a total of $1,967,574.92,
in addition to $100,000 appropriated immediately after
the fire for emergency work. The appropriation in
1911-1912 was $1,500,000 for general rebuilding.
There is a deficit now of $467,674.92. The State
Architect and Callanan & Prescott estimate that it
will cost $1,000,000 more to finish the building, and
$100,000 for equipment, mainly filing cases and furni-
ture. It is agreed that the Capitol can be finished by
the first of January if the strike can be immediately
settled. The appropriation, therefore, which must be
made by the Legislature would have to be $1,100,000,
and an additional appropriation of $467,574.92 to make
up the deficiency. The State is now indebted to Cal-
lanan & Prescott in the sum of $225,000. They have
gone along with their pay-roll, which averages $9,000
a week, and have, they say, borrowed money from the
banks in order that the work should be continued pend-
ing an appropriation by the State. On March 13th
the State owed Callanan & Prescott $214,292.56. The
total to Callanan & Prescott, including their subcon-
tract, amounted up to March 8th to the sum of
$1,444,272.75.

The State Architect had made a complete report on
all the work done and it will be filed in the minutes,
and marked Exhibit " D," He has also made for the
Trustees a complete report of what he believes will be

Removal Proceedings and Investigations 961

necessary for the completion of the Capitol, and this
itemized, report is herewith submi'tted and marked
Exhibit " E."

The Supervising Auditor has had prepared a list of
men employed by Callanan & Prescott on the* Capi-
tol, together with the persons whose influence put
them to work. This list covered all employees on
March 26th and another list covers all employees on
February 14th. In the list of March 26th, it will be
noticed that very many of the men put to work as car-
penters, riggers, granite cutters, soft-stone cutters,
bankermen, rubbers, and laborers, were certified to,
and employed by Costa, the discharged Secretary of
the State Architect's office.

An entire list of the men employed, together with
their recommendations for appointment, is herewith
submitted and marked Exhibit " F."

31

X

PART 2

REMOVAL PROCEEDINGS AND INVESTI=
QATIONS

(Extraordinary Session)

X

PART 2
REMOVAL PROCEEDINGS AND INVESTIGATIONS

(Extraordinary Session)

Commission to Examine and Investigate the Subject of
Ventilating Systems in the Public Schools and Other
Buildings of the State

State or New York — Executive Chamber

To All to Whom These Presents Shall Come, Greet-
ings: ' ' :■:: 1 ' •

Know ye, that pursuant to section 8 of the Executive
Law, I have appointed, and by these presents do hereby
appoint as special commissioners to serve without
compensation, Charles E. A. Winslow,^ of New York
City:' Edward Ijee Thorndike, of New' York City;
James Alexander Miller, of New York City ; Frederic
S. Lee, of New York City; Earl B. Phelps, of New
York City; D. E. Kimball, of New York City, to ex-
amine and investigate the subject of ventilating sys-
tems in the public schools and other buildings of the
State, and the proper installation of the same to the
end that a thorough and effective System, which Will
assure an adequate supply of fresh air, under the best
conditions, will be maintained.

The said commissioners are empowered to subpoena
and enforce the attendance of witnesses, to administer
baths and ' examine witnesses under oath, and to re-
quire the production of any books or papers, deemed
relevant or material ;

And I hereby give and grant unto each of sdid com-
missioners, all and singular, the poWefS'and authbri-
' • ' ' ms]^ " '"' ■■■■ '' ''''■

966 Public Papers of Govebnoe Sulzek

ties which may be given unto a person appointed by
me for such purpose under authority of the statute
aforesaid. > / • i

In Witness Whereof, I have subscribed My'nAme

to these presents and caused the Privy Seal

of the State to be affixed li^reto at the Cap-

[l. S.J itpl iu tbi%. city of Albany ^h^s twenty -fifth

, . day of June ii^ , the yiear ,^f .,,pT;iii:, iI|iRi;(J, one

thousand nine hundred and thirteen. ;

..,,,, , , , (Signed) , WM, SUL^ER
Bv the Governor; ,,,, , . ,

Chester C. Platt

Secretary to the Gove fnqr.-, .. ,, . :

Statement by Qovernor Siilzer, re Appointment , of Ven^
tilation Commission . .. , i

" My attrition, has been directed to the euornious
amount of money expended by taxpayers of the State
for ventilating systems in public schools i and , pther
public buildings. .^^ , ,;, ,,;

," I am informed that iin, many instances expeiisi,ye
ventilating systejiis are, lying idle, and, i^i many .more
instances in ;v!s^hiQh they are not idle, the, results, are un-
satisfactory to the teachers, to the pupils and, ^o the
b,o,ar4s of edjicatipn ."vvjiicl^ ar ^ pp^r a:t^ng them. There
is nothing in my judgnjent, which nao.re vitally effects
the public.heal|th of , the schooj children of thej State, ^nd
indirectly the healthj of all the citizeiis of the State^
than the problem of providing an adeg^uate supply of
fresh, air under the Jjest conditions.; . . ,

The problein is far from siijiple, , however, It is
much more than an engijjieering problem, for the best

Removal' Peoceedings and iNVESttGAiioNS 967

scientific/ experts have not 'determined what condi-
tions should be met by the engineers. Even the most
fundamental facts which must lie at the basis of any
efforts to ventilate. our school buildings, have hot been
scientifically determined by any experiments which
have beeui made thus far. It is not known, for example,
and cannot be known without more adequate^ experi-
ments than have been possible up to this time, what
temperature should be maintained in public school
buildings. S Indeed, it has not even been proven whether
a constant temperature or a varying temperature is
more beneficial. '■)iWei do not know 'scientifically what
degree of humidity should be maintained in our school-
rooms. ' ' ''ilt i!7(H{fllTl ■ •Klffr' "MH

/ " I am informed also, that it has not been proven
what amount of carbon dioxide in the air is possible
before the air becomes detrimental to health. In other
words, there is no scientific proof for some of the most
fundamental factors involved in the probleni of! ven-
tilation.'! On the other hand, I have been assured that
if careful scientific : studies were made with the ex-
press purpose of i measuring some of the unknown fac-
torSj'isuch' studies could be reasonably expected to put
us in possession of data which would enable the scien-
tist to tell us with some ;degree of accuracy what those
fundamental conditions are which should be main-
tained in schoolrooms if they are to be beneficial to the
health of the children. "4') , > yJi^^-jovii
/ '• The enormous influence of the acquisition of addi-
tional scientific facts upon public health movements in
recent years has affected measurably the public health
of the country. I am convinced that similarly in the
field of ventilation, ,the; acquisition qf additionahiand
fundamental facts would seem adding, enormouslv to

968 Public Papeks ov Goveenob Sulzee

the health of public school children. ; At, any rate, as
the health of so many thousands of children, not only
in this State, but in other States^ would be benefited
by any facts which might be demonstrated, and as the
expenditure of many thousands of dollars now being-
expended in ventilating systems could be made much
more effective, it seems distinctly worth while, to un-
dertake experimental and research work looking
toward this end. ; , , ,

" Fortunately through the generosity iof a public
spirited citizen, Mrs. Elizabeth, Milbank Anderson,. the
sum of: $50,000, Or such portion thereof as may be
needed, has been given to the Social Welfare Depart-
ment of the Association for Improving the Condition
of the Poor, for the purpose of making such an inqiuiry.
At the request of that Association, I have decided to
appoint a Commission on Ventilation to direct this im-
portant work.

" Prof. C. E. A. Winslow, Associate Professor of
Biology' of the College of the City of New York, will be
the Chairman of this Commission. Prof. Winslow, is
also the curator of Public Health at the Museum of
Natural History. He was formerly Professor of Sani-
tary Biology in the Massachusetts Institute of Tech-
nology and Biologist-in-Charge of the Sanitary Re-
search Laboratory in the same institution. He has
also held the chair of Assistant Professor of Bacteri-
ology in the University of Chicago. He is the author
of several books on bacteriology, industrial microscopy
and kindred subjects.

' ' The other members of the Commission are :

'"'' Edward Lee Thorndike, A. M., Ph. D., Professor
of Educational Psychology at Columbia University;
former Professor of Education in the Western Reserve

Removal Peoceedin'gs and iNVESTiGAifoNS 96'9

University. Prof . - Thorndike is a member of the New
York Academy of Sciences, the American Psycholog-
ical Association, etc. He is the author of ' Elements of
Psychology,' ' Mental and Social Measurements,' and
other books on psychology.

" James Alexander Miller, M. D., Professor of Olin-
icial Medicine, College of Physicians and Surgeons
Columbia University; -Visiting Physician, Bellevue
Hospital, Director of Tuberculosis Clinics, Bellevue
Hospital; Chairman of the Committee on the Study
and Prevention of Tuberculosis of the Charity Organ-
ization Society, and President of the Association of
Tuberculosis Clinics.

" Frederic S. Lee, A. M., Ph. D., Professor of Physi-
ology in Columbia University. Prof. Lee is a member
of the Board of Editors of the American Journal of
Physiology and of the New York Academy of Sciences.
He Avas formerly President of the Society for Experi-
mental Biology and Medicine. He has contributed
wdd'ely to the literature on physiological subjects.

"Earl B. Phelps, B. S., Professor of Chemical
Biology and Lecturer on Sanitary Engineering at the
Massachusetts Institute of Technology and Assistant
Hydrographer of the United States Geographical Sur-
vey. Prof. Phelps is a member of the firm of Phelps &
North, Sanitary. Engineers. He is the consulting sani-
tary expert for the American Association of Civil
Engineers, and a member of the American Chemical
Society, Ameyipan Public Health Association, Society
of American Bacteriologists, etc. He is the author of
numerous papers on various sanitary problems. ,
_",D. E. Kimball, C,. E., .Mechanic^ and EJlectrical
Engineer. Mr. Kimball is an expert consulting, heat-
ing and y«nttilating engiijeer anid is a meml^er of tljie
Section on Ventilation of the American Museum of

970 .Public Papers ,0E Governor , Sul^ek ,: >

Safety. He is also a member of the, Council of the
American Society of Heating and Ventilating Engi-
neers and of' the American Public Health Association.
'' TJiese men," said the Governor in. conclusion,.
' ' have signified their willingness to direct this research
work without; remuneratiomi The work, of an , Expert
Commission . pf this, kind, generously undetltafefeni by
men, of recognized ability in theinrespective fields out
of a deyotion to thecause: of Science and the welfiace of
humanity, constitutes one more example of the splendid
self-sacrifice and disinterested spirit qf ithebest citit
zens in the State.: The work which- they will under-
take is a public service of high order and will, I have
every reason to believe, result in accomplishing' Jnuch
for the public health jof the .people in this and other
States." I, ■ , ,.

Appointment of Commission on Prison Reform

State ,oe New York — Executive; Chamber

To All to Whom 'These Presents Shall Come, Greet-
ings : ' ■ ' ' •
Know ye, that pursuant to section 8 of the Executive
Law I have appointed, and by these presents do hereby
appoint as special commissioners to servte' without com-
pensation, Thomas Mott Osborri,' of Auburn; Miss
Margaret Wilson, Washington, D. C. ; George W.
Kirchwey, of NeW York City; John B. Riley, of Platts-
burgh; Mrs. John Jay Chapnlan, df Rliinebeck; Ed-
ward Bates, of Utica;'MisS Mary Gkfrett 'Hay, bf New
Yoi-k City ; Howard T. Mosher,' of Rochester ; Mrs.
Hannah Blum, of New York City ; Charles N. Hough',
of New York City'; B. Stagg Whitin, of Ne^'York

Eemoval Proceedings and Investigations 971

Gity^ to examine and investigate the management
and affairs 'of the several ; State prisons and re-
formatories, the departments thereof, the prison in-
dustries, the construction arid plans for adequate
prison faeilitieB, the employment of convict labor, and
all, subjects relating to the proper maintenance and con-
trol of the State prisons of the State of New York.
' This Commission' will collate factd, recfeive sugges-
tions and riiake such recomnifendations as niay seerri fit-
ting'with regard to what' changes, if any, are advis-
aibl'e in thelkws of this State relating to, or effecting,
the matter under-inve'fetigaition'. ' '

The' said Comniissioners are hereby eriipowered to
subpoena and enforce the attendance of witnesses, to
administer oaths and exainirie witnesses under oath;
arid' to requite the pfoductiori' of ariy boOks',' papers
and documents deemed relevant or material;

And I do hereby give and grant unto each of said
Commissioners, all and singular, the powers and au-
thorities 'which rii'ay be giveri Unto a person appointed
by me for such purpose under authority of the statute
aforesaid. ' ' '; ' ' ' ' '''''" ■■''''*

, , ., Iif^wiTijrE^s WHEBEOF, I havc sul)scribed my name

..,..,;.. jij,,,, to ;tlifise.pres|en,ts jand caused the Privy, Seal

I , , j , , , of the State to be affixed, liereto at the Cap-

.,j([l. s,] , itol iji, the, city, of Albany, this twenty-first

.,i( I , day, of June, in, the year of pur ll/ord, one

,, j thousand niijie hundred a,nd thirteen.,

:■ :: (Sigued) ,WM. :S,ULZER , ;

By the 'Governor:

' Chester C. Platt ;• •

' ' Secretary totheObverndr

. i jNOTS.-.- On July. 7tU th^ Qovernor appointed George W. Perkins, of
N^w York. City, and Miss Madeline Doty, of New York City. Miss Mar-
^dret Wilson and Mrs. John Jay Chapman being unable, to serve.

972 Public Papers of Governoe 'Sulzeh

Governor Sulzer received tlie f oUowiing letter from
Hon. John Eiley, Superintendent of State Prisons,
showing the necessity for a reorganization of the
■ prison system of the State.

" June 10, 1913

" Hon. William Sulzer, Governor, Albany, 1^. Y.:

" I)jEAR Sir. — During the brief period since my ap-
pointment , as Superintendent of. Prisons I have be-
come satisfied that there are two distinct branches of
the prison problem in which advancement and inp.-
provement should be made: First, the raising of
prison management, as it stands, to the highest pos-
sible standard of efficiency and economy. Second, the
formulation of a complete system for the control and
reformation , of prisoners — a system which shall be
more in accor4^ce., than our present one, with miodern
ideas of justipQ and modern .methods of treati^ig ci^im-
inals, so as to attain the most beneficial results for
them and at the same time conserving thp interests of
the Stat,ei;

" I am forcibly impressed with the view that there
is ample room for reform and improvement, involv-
ing a reorganization of the prison system of the State,
yet I feel it is my first duty to eliminate inefficiency
and mismanagement, and bring the Department, under
the law and with the means at my conamand, up to the
standards which you and I both wish to see, and the
people of the State have a right to expect. I feel that
this task will absorb at present all my time and energy
and that a comprehensive plan should be worked out
by a Commission, composed of men who have given
previous thought and istudy to this most important
and difficult problem, to the end that such Commission
shall outline a plan for prison management, which will
be more corisistent, equitable, economical and intelli-

&

Removal Pboceedings and Investigations 973

geiit than the present one is or can be made, even when
conducted with the strictest honesty and greatest
efficiency. '

"I, tlierefore, venture to suggest the appointment
by you of a Commission' on Prison Reform, composed
of men who will l^ave the time ^lld ability to prepare
and submit .a plan as aboye outlined. There are men
of the tiighest character who have given much thought
ajnd time to the study of the prison problem in this
State who can, I am sure, be induced to examine the
question fully, under the cohditioris as they exist, and
after deliberation submit a report which will be of
great valiip in guiding the Legislature to a wise solu-
tion of the iniportant questions involverd.
' " Yburs very respectfully, /

" (Signed) JOHN B. RILEY

;. " Superintendent of State Prisons "

Report of the Commission on New Prisons in Relation
to the Establishment of a New State Prison to take
the Place of Siag Sing

Albany, N. Y., July 9, 1913

To his Excellency, GtOveenOe William Sulzee:

The undersigned members of the Commission on
New Prisons, appointed by you in June, 1913, very re-
spectfully subnait the following matters for your con-
sideration :

' . \ . . ;, .1

History of legislation relating to the , icrfi,a,ti.Q^: of
" modern prison buildings in the State of "New
York." ' '-■■'' ' ■' ' ' ■ ^'i '■'" ' ■ ' ■■'•'

By chapter 718 of the Laws of 1905, entitled : ,

"An act creating a commission to inquire as to
the most practical methods of providing modern

974 Public Papsibs OP GovEBifOB Sulzeb

prison buildings, ' ' the Governor on tke 15th day
of August, 1905, appointed a Commission whose
duties, as defined by the Act of 1905, were to in-
quiry as to the most practical methods of provid-
ing naodern prison buildingSi .

This Commission reported to the Legislature under
date of January 15, 1906, saying, among other things:

' ' While your Conxmission '. Wlieves that new
^ prisons should be erected on new sites to take th§.
place of both Sing Sing and Auburn, we recom-
mend thai a new prison, tp take the place of Sing
Sing, be first constructed, aiid , that the construc-
tion of a. prison to take the place of : Auburn be
deferred until the completion of the eastern
prisoh." > . ! ,

By chapter 670 of the Laws of 1906, entitled:

"An act to establish a new State prison in the
eastern part of the State to take the place of Sing
■•Sing prison; to authorize the Governor > to' ap-
point a Commission, to select and purchase a
site." It was provided

" Section p.. The,) establishment of , a new State
prison to take, the place of Sing Sing, on a site
to be selected as hereinafter provided, is hereby
authorized.

"Section 2. The Governor is hereby authorized
to appoint a Commission of not less than three
nor more than five persons to carry into effect the
provisions of this act."

Pursuant to the provisions of this law Governor
Higgins designated a Comn^ssion, which organized
July 2, 1906. On Niayember 21, 1907, the Commission

Removal Pkoceedings anb Investigations 975

finally selected what was known as the Bear Mountain
or Lambert site at Highliand. Lake, lying partly in the
county of Roiskland and ■ partly- in the fioxinty of
Orange, iqontaining. 500 acres, and including Ifighland
Lake, at the agreed price of $75,000,, and on December
5; 1907, ,the Grovemor signed the formal certificate of
approval of this site. ; i > i

The Commission prepared rules ^ and regulations
governing the competition of architects for the fumish-
ing> of desighSj etc. Plans designated as No. 38, pre-
pared by William J. Beardsley, of Poughkeepsie, N.
Y., were selected as the mosi^ meritorious, of thijty-
f our plans submitted linder such rule§ and regula^-
tion^. In October, 1909,, the Commission was advised
by the Governor that, the State might conclude to use
the site above mentipned as a part of the Palisades
Public Park, and require the Commission to construct
its prison on some other site, and at his suggestion the
Commission held up all work at that site and also the
letting of the contract for the construction of the
building.

By chapter 365 of the Laws of 1910, entitled :

"An act to authorize the Commission on new
prisons, to select and purchase another site for the
new State prison to take the place of Sing Sing
and to use money for such purpose heretofore ap-
propriated to said Commission." The -Commis-
sion was authorized to select another site fdr^ the
new State prison in place of the Bear Mountain
site above stated.

On June 6, 1910, the Commission selected a, new site
in i)ye tqwn of Doyer^ Dutchess County, New York, one
mije south of Wingdale station on |;lie Harlem jrailroad.

976 Public Papers of Govebnok Sulzeb

Under date of March 21, 1912, Grovernor Dix sent a
communication to the Legislature, saying:

" In my last annual report I recommended
abandonment of the Wingdale prison project on
account of the undesirability of the site and the
very large expenditure required for the construc-
tion of the proposed prison. My judgment in the
matter has been confirmed by the report of the
Commission appointed in 1911 to examine the
Department of State prisons, which report con
tains the same recommendation."

Some $30,000 of work appears to have been done at
this site at Wingdale before the work was stopped.
After this action on the part of Grovernor Dix, mem-
bers qf the then existing Commission on new prisons,
all resigned, or were removed by him. The present
(Commission wa.s thereafter (Jiine, 1913) appointed
by Your, Excellency.

II.

The legal- ^tatus of the. State of New York with the
P. J. Carlin Construction Company, who contracted
to , huild . the new prison at Wingdale, and with Mr.
William J. Seardsley who prepared the plan's for that
prison.

As regards the: contractor, the P. J. Carlin Con-
struction Company, it is understood that he has pre-
sented his claim to the Court of Claims and has ob-
tained an award of $149,472.64 in full of .his claims of
every kind under his contract with the State.

As regards the architect, Mr. William J. Beardsley,
a communication from the Secretary of the Commis-
sion to Governor Dix, under date of March 19, 1912,

Removal Proceedings and Investigations 977

encloses an opinion by^ Attorney-Greneral Thomas Car-
mody in w^hich it is saidi

" WilKam J. Beardsley having been pai^ the
sum of $103,805.27 for services and expenses al-
leged to have beeii rendered ahd incurred as archi-
tect, in Connection with the proposed new State
' "prison at Bear Mountain and later at Wingdale,
of which amount $102,234.66 has beein paid to him
,11 for services claimed to ;have been rendered in a
period slightly exceeding, three years, now de-
mands $60,000 more pn account of said services."

The communication then refers to chapter 670 of the
Laws of l506, chapter 521 of the' Laws of 1907, the gen-
eral provisions of the Public Buildings Law" ' rfelating
to the duties of the State architect, cliaptel- 208' of the
Laws' of 'l'908i,' (Chapter 214 of the Laws of 1908, artiend-
iiig- section 10 of the act, chapter 521 of the Laws of
1907, chapter 447 of the Law^ of 1909, and chapter
364 of the Laws of 1910.

It then proceeds as follows :

V It will thus be seen that the, only authority of
this act in regard tO; the ; employment of a private
architect, was ' to supervise the construction of
such prison ' construction work on a ne^y prison
h3,?,.been,performed oi^ly to the amount, p,f. about
$30,060 "in a contract of over $2,000^006.^ The
Prison Commission on September 26, 1910, en-
tered into another contract with the claimant au-
thorizing the payment tq 'him of the sum of $30,000
for changing the plains to adapt them to the new
conditions. This ^.Ijeing enti-reljy beyond their
powers as prescribed by the statute which, as has
been seen, only authorized employnient of an

978 Public Papers of; GrovEKiiroE Sul/Zee .'

architect to superintend construction, no claim
can properly be based thfereon. ,: !>>■

" Suffice it to say tliat,i;ii my opinion the claim-
ant has been overpaid at least .$80,000, and I
should, therefore, advise not only against the rec-
ognition of any further claim, but, in favor of the '
institution of an action, to recover the sums
illegally paid. " :

It is further stated in a letter of May 28, 1909,
written by WiUiam Eand, Jr., of 63 Wall street,' New
York City, to Hon. Charles E. Hughes: '

" On June 12, 1908, the boarcj designated com-
petitor No. 28 as the winner of the first prize.
Thereafter, and pursuant tQ the a,uthprity .of
chapter 214 of the Laws of 1908, the Conunisision
on new prisons designated competitor No. ,28, Mr.
William J. Beardsley, pf Poughkeepsie, N. Y., to
be the architect of the new prison. This action
of the Board of Award and of the Commission on
New Prisons, as my clients are advised, is illegal
and void for the reason, chiefly, that the plans sub-
mitted by the successful competitor, Mr. Beards-
ley, were self -excluded from any award or prize
by reason of their failure to comply in essiential
respects with the limitations and regulations ad-
vertised for the competition and prescribed by
statute. These reasons are set forth in a formal
protest now on file with the records of the Com-
mission and signed by the late Samuel J. Barrows,
a member of the Commission on New Prisons and
of the Board of Award, and for many yiears presi-
dent of the Prison Association 6f New York City.
Acting upon this advice, the firm of Warren &

Removal Peoceedings and Investigations 979

Wetmore has begun an action against the Com-
mission on Npw Prisons, and the State Commis-
sion of Prisons and against the individuals com-
posing i these Commissions and against Franklin
B. Ware, the architect of the State of New York,
;, ifor the purpose of obtaining an injunction re-
straining the Commission on New Prisons and the
, State Architect from proceeding with the con-
i ; ' stniotion of the proposed new prison, and from
approving or letting contracts for the construc-
j tion of said prison and from expending- any; pub-
' lie moneys for that purpose. "

It is understood that this action is still pending,
uiidetermined.

III.

Present Conditions at Sing Sing and Anhurn Prisons.

As. early as January, 1906, the State Prison Im-
provement Commission, speaking of the Sing Sing and
Auburn prisons, says :

" The dimensions of the cells at Sing Sing are:
Depth, 7 feet; width, 3 feet, 3 inches; height, 6
feet, 7 inches; giving for each cell a cubic space
of 168.67 feet, much too small to house an adult
person during the. fourteen hours which each pris-
oner is usually required to remain in his cell daily,
and; on Sundays and holidays additional hours.
At Sing Sing the warden is frequently compelled
to house two prisoners in one of thes^, cells for
a time. The cells at Auburn are not much
larger, *.*,*:,.

" The night-bucket system is employed in both
prisons, and as i\i.& cell blocks of these prisons

980 Public Papkrs of Oovernor Sulzbb

rest directly upon the ground, without any air
space underneath them, it is practically impos-
sible to install closets without reconstructing the
entire cell blocks. These night buckets add a
malodorousness to an overburdened germ-laden
atmosphere. They cause -the storing of excreta
for ten to fourteen hours in an enclosure where a
human being must remain in practical contact
with it during that time. In both prisons this
condition is duplicated in each of the 1,200 cells.
The sanitary expert does not hesitate to say that
verily this is far worse than living in a sewer.
The plumbing fixtures of Sing Sing prison are
foul and corroded; there is no evidence that -ilae
drains are sealed against sewer gases; and they
afford no resistance to any back pressure created
by the water locking of the sewer outlet when it
is covered by high tides. The floor openings at
such times are conduits for additional vitiation
to an atmosphere already polluted. * * *

" In Sing Sing there are six tiers of cells. This
causes a wide difference between the temperature
in the lower and upper gdileries. When the lower
galleries are cold, the upper ones are abnormally
warm. * * *

' ' Your Commission, therefore, recommends
the ultimate abandonment of thefee sites and their
sale, and the construction of new prisons upon
new sites."

These were conditions' which existed in 1906. Under
date of February 21,' 1913, Wm. J. McKay, of New-
burgh, wrote to Governor Sulzer, saying:

" Curing my work on this Commission, it was
part of my duty to inspect conditions at Sing Sing,
and I found the building conditions there in a

Removal Pkoceedings and Investigations 981

moBt deplorable shape, and conditions to-day are
worse, because of its overcrowded condition, than
at that time. Something should be done at the
earliest possible .moment to correct these con-
ditions. It is a fact, Governor, that this "prison
was built almost 100 years ago, with a limit for
.1,200 inmates, and that to-day it is occupied by
over 1,400 inmates, with from 200 to 400 men, be-
cause of this overcrowded condition, having to
' double up in the ceils, not one of the cells being
lai'ge enough for even one inmate. ;.

■'■' The statement that the death rate at Sing
Sing was small proves nothing. It is a recog-
nized fact that this iprison is an incubator foi^ the
breeding of tuberculosis land rheumatism. Prac-
tically all prisoners who developed tuberculosis at
Sing Siuig were transferred to Clinton prison, and
whatever became of them there the death rate is
not charged to Sing Sing. " •

These statements are emphasized by the recent pre-
sientment of the grand jury of Westeliester coiinty
CQiidemning this prison.

' ' Conclusions of the Commission,

Firsi. Tlie dommissioji lias visited Wingdale and is
of the opinion, expressed biy Governor Dix and also in
the report of the Commission appointed in 1911 to
examine tlie Department of Prisons, that the site upon:
which the construction of the new prison has been coni-
niehced should be alDandoned.

Second. ..That this Commission should be authorized
to sfiiect another, site' in place of the Wingdale prop-
erty, or to make 'excTiaiig''e of the Wingdale site for any

9&2 Public Papers of Ctoveenob Stjlzeb

other property, suitable for a new prison, for which
the State has no present use, the title to which may be
in the State or be held by any officer, commission or
department thereof, with the approval of such officer
or commission as may have jurisdiction and authority
over the same, or to purchase elsewhere a new site and
proceed forthwith to the erection of a new modern
prison thereon.

Third. That a sufficient sum of money be appro-
priated for a site for the new prison, to cost not to ex-
ceed one hundred and twenty-five thousand, dollars, so
that the negotiations for the purchase may be con-
ducted in a business-like way.

The seller of the land should, , upon its conveyance,
receive the purchase price. It is clear that no good
bargain can 'be made by the State if the vendor of the
land is to be obliged, not only to give his land, but
thereafter to give his time and attention and employ
counsel in the procuring of a provision in the next sup-
ply bill for its price, with the possibility of encounter-
ing the antogonism of others who have, wishes to sell
their land, or who are otherwise interested in oppo-
sition to the establishment of a prison on the site
selected.

Fourth. That a sufficient shra of money, not less than
five hundred thousand dollars, should be . appropriated
for the immediate prosecution of the work of construc-
tion of a new prison upon such site as may be selected
by the Commission and for inciden'tal expenses con-
nected with the preparation of the plans, the making
of the contract and other expenditures involved in the
preparation of the work of such constiruetion and the
execution thereof. , ,.

Fifth, This Commission feels that immediatp action
is demanded bqljh by th,e, dignity of the,^tate and by
every feeling of humanity on the part of its pieople ;

EeMOVAL PkOCEEDIJSPGS i and I]SrVESTIGATI02SrS 983

That the longer continuance of such conditions as
now exist at Sing Sing prison is intolerable;

> That , not only is a new: prison demanded to accom-
modate the increasing, number of our criminals, but a
prison of a wholly different kind and character; and
That these relics of the horrors and inhumanity of
the j^iliddle Ages, in which, the added ignominy of
bfistiality is stamped upon the face of crime, are as
disgraceful! to us who tolerate as they are degrading
to ! those who are incarcerated in them.

MARCUS T. HUN,
A. V. WADHAMS,
LEON C. WEINSTOCK,
CHARLES OBERLANDER,
E. M. CROCKER.

In^ Relation to 'the Legislative Investigating Committee
and the Request of its Chairman, Hon. James J.
Frawley, for Certain Reports and Papers Said to Be
in the Governor's Possession, Pertaining to the In=
vestigation of Certain State Prisons

Governor Sulzer's reply:

State op New York — !Exbcutive Chamber

July. 15, 1913

Hon. James J. Frawley, Chairman, Legislative Inves^
tigating Committee, Senate Chamber, Capitol:

Dear Sir. — Pursuant to your written communica-
tipn oS, recent date, requesting that I: fupiish to your
Committee, certain reports and papers in my posses-
sion relating to the investiga,tipn of certain State
prisons, this morning, by niy private secretary, I sent

984 Public Papebs ojf Goveknor Sul-zeb

such of the requested documents which I have found
in my possession and under my control, as I deem, in
my discretion, proper at this time to assist in the de-
liberations of your Committee, within the sphere 'of
its legitimate powers.

I never have and never shall hesitate to communi-
cate to the Legislature all the information required
by the Constitution or which my judgment may Sug-
gest to me, or a request from the Legislature or any
of its committees may indicate as useful in the dis-
charge of the appropriate duties confided to them, so
far as in my judgment, the promulgjation of the facts
and information requested are not incompatable with
the public interests. >

I respectfully request that this communication be
spread upon the minutes of the hearing of your Com-
mittee now in progress.

Very respectfully,

(Signed) ' WM.' SULZER

In the Matter p^ Charges against Matthew J. Smith,
District Attorney of Queens County

State of New Yokk; — Executive Chamber

Before the GtOvernoe:

In the Matter of the Charges against Matthew J.
Smith, District Attorney, of Queens County.

Notice and Summons

To' Matthew 3. Smith, District Attorney of the

County of Queens: ; ■"■

You are hereby notified that charges have been pre-
ferred against you and that your removal from the

Removal Proceedings and Investigations 985

office of District ■ Attorney bf the county of Queens
thereon, has been asked by Frank L. Holmes, of Forest
Hills; Frederick S. Ohle, Jr., of Long Island City;
Jjiaurioe, E, Connolly, of (Corona; Edgar C. Molby, 'of
^^ichmqnd/ Hill, and Louis B. Birdsall, of Janaaica,
citizens and taxpayers of the county of Queens.
,]A copy of such charges is herewith served upon you;
I hereby fix the. 7th day of August, 1913, -at 12 o 'clock
noon, as the date on or before which your answer to
said cji^rges sh^U be filed withime ; and you are further
]p,(^^ifi-^d, t}:^at on jsaid 7th day of August, 1913, or on
such later day or days £is may be appointed by me, you
will be affordedi an opporunity of being heard in your
diefei>ge., ■

;.,; In witness whereof, I have (hereunto set my

. hand and affixed the Privy Seal of the State

[l. s.] : 'this twenty-second day of Jinly in the year

of our' Lord one thousand nine hundred and

thirteen.

, (Signed), WM. SULZBR

By the Governor: v

Chester C. Platt , n'riy. ni
Secretary to the Governor

Statement of George W. Blake, SpecikI Commissioner,
Concerning the Construction of Great Meadow
Prison

July 26, 1913

It appears tliat when I was ^ witness befo?:^ the
Frawley Qommit^tee and.,ask^d,,on wh^t I .based my
st^temqnt that,thq StatQ.h3.d, lost $500,000 through the
construction of |the prison Ja^uildings , at G-reat Me.ado\y^
my answers to questions were unsatisfactory, al-
though I strove to make them convincing. The infer-

986 Public Papers of Gtoveknoxe' iSulzer

ence seems to have been drawn that nly charge had no
truth in it and that the purpotse was to injure some
innocent persons.

Of course my mind was entirely free of any such
idea. ' Then and now' I have only one thought about
the matter. That is to get at the precise facts in the
most simple and direct fashion to the end that an old
scandal be permanently laid; I worked for big news-
papers for many years and wrote for them many col-
umns of news relaiting' to many subjects. During all
this period I never' tdld or wrote a lie wittingly and
the accuracy and sincerity of my ivork was nevel- ques-
tioned. For proof of this I refer to the many e'ditors
familiar with my work. "Why there should grow ii'p
so suddenly this doubt of my honesty it is dififidult for
me to understand. I have remained silent under the
attack and all I ask now is for a suspension of judg-
ment until all the facts in relation to the Great Meadow
prison are known. i ■ i ' -

Many: of the preliminaries attending the construc-
tion of the prison were of such a character as ib create
suspicion that the State would not get the full value
of the money. '

Some of the preliminaries were the awarding of the
contract on a percentage basis witljQiitJ .an upset price
and then an allo'Wfance of $75 a day for tji^.use of the
contractor's tools. The work was not completed
within the time limit and an extension was granted and
the allowance permitted to continue.

I have only the ordinary information cohoerning
building o'peratiohs, but it is niy impiressibh tiiai a pen-
alty is imposed iipon contractors who fail to keep to
their contracts in the matter of time. But in this ease
a reward was' actually paid for the failiire fey tlie pay-

Ebmoval Pkoceedings and Investigations 987

ment of a lump sum of' $3i,000, in lieu of $75 a day for
the use of 'the tools. This would be a total of $10,500.

The first bill introduced in the Legislature provided
fp^r the, appropriation of . $350,000 or as much thereof
as ,wa^s necessary for constructing buildings and a
stockade, providing heating, lighting, water and a sew-
age system, and for furnishing, eguipping buildings,
.shops and offices. , ,;!,,,,,

But the contract provided only for the constmiction
,91 , two prison, buildings, including heating, lighting,
plumbing and a stockade.

Ninp i4ontiis later the second bill, for. the appropri-
ation of $738,000 was introduced. , This bill called .fo;r
the completion, equipment and ftirnishing of the north
wing of the cell hoiise and for the construction, equip-
m;ept and furnishing, of a cage, connecting corridors,
laundry and , bath, house, mess hall, kitchen, bakery,
storehouse I apd, power house, including lighting, heat-
ing, plumbing and a permanent sewage system.

The contract ente]:;ed into provided, for the, complet-
ing of the north wing of the cell house, for heating and
electrical work.

The first leqntract was dated June 16, 1909, ^nd the
seconcj qontract was dated June 24, 1910; a comparison
of the words of the act appropriating the money \yith
the pro,v;isions,,pjf, the, contjracts entere,d into, will show
t^at the work contracted for did , not include all the
work conte^nplated by the measures introduced and
passed.., ^ ; , .

, , Qn April 9, 1910, Mr. Ware, the State Architect said :
" When we got. this appropriation of $350,000

, we attempteid tp proportion this over the work we
though;t ,WjB could dp. We figured up quickly the
dormitory building, would |Cp^t, ^sp much, the cell

988 Public Papeks op Goveenor Sulzeb

house would cost so much, and so muchi for the
water supply, using figures furnished, the Lunacy
Commission twenty years ago.',''

So it appears that Mr. Ware understood tHat the
appropriation was intended to cover the cost of at
least two buildings. Mr. Ware explained that the con-
tractors had been paid $269,000 and that it would cost
$125,000 more for the completion of" that portion of
the cell house already commenced and also for 'the
completion of the dormitory," besides the $81,000 left
of the original appropriation. Mr. Ware was also in
favor of giving the contractors, if they would consent
to an upset price,'the contract for CompTeting the work
and building the cage,

Mr. McKay, of the Prison Commission, objected
to having the work done on a percentage basis because
the cost was much greater. Mr. Ware told Governor
Hughes that percentage work would cost 10 per cent,
more than by lump contract.

I think it will be generally agreed th^t this Was a
very conservative estimate and that a' 20 per Oent. in-
crease would be nearer the mark. It was finally agreed
that $175,000 be taken from the a,ppropriation 'of $738,-
000 and that $45,000 of this ainount be used for the
plumbing work.

At the request of the old Prison Commission, Attor-
ney-General O'Malley referred to changes in the plans
that the Commission was considering and which would
increase the cost of the woi'k. He said that' these
chknges had not been contemplated when the ajipropri-
atioh of $738,000 was made and then he wrote :

"As to the construction 6i the north Wing it
seems clear that the Legislature intended that this
particular part of the work should, in anj*- 'event,

ti;i

Eem;qval PboceepiN'Gs , and Investigations 989

be constructed within the appropriation. Your at-
tention is called to the fact that the act uses the
words ■ ' completing ' and^ ' completion ' when
speaking of the north wing and of the buildings
already in course of construction. Therefore,
there seems to bei no doubt that the north wing
must be fully completed, equipped and furnished
>>' with the money appropriated by this act. " n'> -.

Before the dormitory building was completed it set-
tled at one end and fell away from the roof twelve
inches. It cost about $41,000 to repair this building.
For doing this work the contractor's percentage in-
creased from 7 to 10 per cent. " oiuUr.

It was the failure in making th6 proper borings that
entailed this expenditure. It ''was not known until
after the sinking of the building, which occurred on
May 3 and 4, 1910, that there was a layer of quick-
sand under the site of the dormitory, as well as a bed
of unstratified soft blue clay. '19'' "'■l '^[' '

An engineer was employed to ascertain "why the
building settled. He made a long report which in-
cluded designs for new foundations. He declared that
the bed of soft blue clay extended under the entire
building. "Only one end of the building settled at that
time. Will there'' be other settlements entailing the
expenditure of other large sums to correct it? I am
strongly of the opinion that this will be necessary. ■''*

A great deal of the work in equipping the cell block
and dormitory was only temporary when, in my opin-
ion, it could have been made permanent if a complete
set of plans had been prepared and the entire -prison
plant ''contracted for and built. This would have made
unnecessary the temporary work and would have re-
sulted in a large saving.

990 Public Papers of Goveenok Swlzer' '

I have no special interest in the contracts. - The only
thing that interest me is whether the State got the full
value of the money spent. I am sure there was much
bad work. - i . ' ^

A member of the old Prison Commission assures me
that the roof of the cell block is not fireproof; the
dormitory is not fireproof and I have no doubt but that
the correction of these mistakes will entail a large
outlay.

The site of the buildings appears to. have been se-
lected without any effort 'haying ]^^en made, to ascer-
tain whether water could be obtained on the, prison
grounds. It cost the State nearly $43,Q06, to bring
water into the prison — a distance of two miles. After
an analysis it was discovered that the water was, unfit
to drink. An artesian well was sunk two hundred fieet
east of the dormitory building. The finding of tliis
water was an accident. ,

The total cost for the construction of the north cell
block, the dormitory and the equipment, including the
repairs of the dormitory, amounted to , $78.7,035.02.
The total contract price for building the south; cell
block, the cage and connecting corridors, laundry and
bathhouse, mess hall, kitchen building, power house,
and conduits, with the necessary, equipment amoiint^
to $736,329.04, or $50,705.98 less than for the work of
the north cell block and dormitory. Yet ithese , latej
contracts call for the construction of buildings which
are of far greater value than those erected under the
first two contracts.

According to the principle keeper of the prison it
will cost $100,000 for grading. Evidence given before
the Frawley Committee was to the effect that only $5,-

Removal Proceedings and Investigations 991

000 haid been spent up to the present time, but there has
been very little grading done so far. ^'^'■>-

The principal keeper testified before me that the con-
struction of 'the building was wrong in every way.

Since my report has been so bitterly attacked *t has
become necessary to have a ; thorough investigation
made by a grand jury and steps in that direction have
been taken. »i^t 'i'', •

Of course, there are many things in connection with
the construction of the building that I do not know*
If I knew all about it there would be no need of a
grand jury investigation.

This investiga>tion ought to discover the reasons for
the giving of one contract on a percentage basis with-
out an upset price ; whether charges for material and
labor were just charges ; whether one contractor had
to tear down some i^f the work built by another con-
tractor and rebuild Ml why the first contractors got
an increased percentage on work that had to be rebuilt ;
whether bolts were used instead of rivets ; whether the
main' and partition walls are properly constructed,
atid all the facts about the iron work. '' ■ ^\' *

There are a great many things that have to be
proved, and when all the facts are known I believe the
public; will agree with me that my statement that the
loss to the, State; .was not far from the truth. -m]

I Here are ;some extracts from a letter from Mr. Ware
dated .November 21, 1910^ to the Prison Commission:

-' /' " The excess cost of this work is' due to various'

'"•'reasons. In preparing my estimate showing the

*»" cost to complete frbm April 1st, I did not allow a

" sufficient amount for certain branches of the work ;

viz. : ' The cost of laying the front brick work ; in-

992 Public Papebs of Governor Sulzer

side carpenter work; cost of laying concrete floors;
and plastering and painting. Differences in
prices of material and labor Ims also increased' the
cost of the work. Some items were omitted from
the original estimate, such as sand and gravel,
because it was expected that suitable material
would be found on the site, but subsequently the
beds failed to yield satisfactory material. The
amounts allowed for hauling, freight, insurance
, charges, other field expenses and miscellaneous
.items were insufficient.

(Signed) GEO. W. BLAKE,
■ '• Commissioner

Appointment of John A. Hennessy as a Special Commis^
sioner to Examine and Investigate the Management
and Affairs of any Department, Board, Bureau or
Commission Of, the State

State of New York — Executive Chamber

To All to Whom These Presents Shall Come, Greet-

Know ye that pursuant to section 8 of the Executive
Law, I have appointed and by these presents do 'ap-
point John A. Hennessy, of the city of Albany, to ex-
amine and investigate the management and affairs of
any department, board, bureau or commission of the
State ;pf NeW' York; the said John A. Hennessy is
hereby empowered to subpoena and enforce the A,ttend-
ance of witnesses, to administer oaths and examine
witnesses under oath^ and to require the prodpiction
of any books or papers deemed relevant or material:

Removal Proceedings and Investigations 993

And I hereby give and grant unto said John A.
Hennessy all and singular the powers and authorities
which may be given or granted unto a person appointed
by me for such purpose under authority of the sl^tute
aforesaid.

In Witness Whereof, I have subscribed my
name to these presents and caused the
Privy Seal of the State to be affixed hereto
. [l. s.j at the Capitol in the city of Albany this
thirty-first day of July in the year of our
Lord one thousand nine hundred and thir-
teen.

(Signed) WM. SULZER

By the Governor:

Chester C. Platt

Secretary to the Governor

32

XI

PART 1

PARDONS, COnnUTATIONS, REPRIEVES
AND REQUISITIONS

XI
PART 1

PARDONS, COMMUTATIONS, REPRIEVES AND
REQUISITIONS

In Relation to William Twiman, Confined in Auburn
Prison under Sentence of Death

.Appointment of Commission to Examine as to

.Sanity

State of New York — Executive Chambeb

James V. May, M. D.

Medical Member of the State Hospital Commission

ClIAKLES G. WaGNEK, M. D. >

Mediqal, Superintendent of the Binghamton State
Hospital

John W. Russell, M. D.

Superintendent of the Matteawan State Hospital
are hereby appointed commissioners to examine
William iTwiman now confined in Auburn prison un-
der sentence of death, and to report to the Governor
as to his sanity at the time of the examination, iu: ac-
cordance with the requirements of section 495-a of the
Code of Criminal Procedure.

GiVen under my hand and the Privy Seal of the

State at the Capitol in the city of Albany

[l. s.J this eighth day of January in the year of

our Lord one thousand nine hundred and

thirteen.

(Signed) ' WM. SULZER
By the Governor :

Chester C. Platt

Secretary to the Governor '

[997]

998 Public Papees op Gtoveenob Sulzeb

Review of Case of William Twimaist by GtOvernor and
Eepokt op CoMMissidw, UPON Which the Gov-
ERNOK Denies the AtfeldATioN fob the Exercise
OF Executive Clemency ; ■ ' r , -■'■.(! m /.< ;

State of New York — Executive Chamber

■ ■ i-'-^""' •' February 10, Wir^

In the case of William Twiman, who on January 10,
1910, killed brie Sim6n Burliri^airie, a deputy sheriff of
Monroe county, while such deputy sheriff was with a
numb^];" of ptker officers iattemp ting to ajrrest Twiman
upon a criminal charge. , ;

Twiman yi^a§; indicted for qiu^rder in the first degree
in March, 1912, and tried at the May term of the Su-
preme Court, before Honoraljle Samuel Nelson Sa^vy'ef.
In May, 1912, he 'was convicted of murder in the first
degree and sentenced by the court to be electrocuted
during the week beginning Juljr 7,' 1912. The cksewas
appealed to the Court of Appeals/ which acted as a stay
and the Court of Appeals on December' 10, 1912,
unanimously affirmed the conviction. On December
11, 1912, the' court by order fixed the week beginning
January 27, 1913, as the time within which Twiman
should be electrocuted.

The question having arose as to the sanity of the
prisoner a respite was graiited until March 31, 1913, to
permit a proper, inquiry to be made.

On January 8^il913, by virtue of the authority con-
if erred upon me under section 495-a of.the Code of
Criminal Procedure, I appointed at Commission, con-
sisting of Jam^s V. May, M. D., medical member of the
State Hospital Commission; Charles G?. Wagner, M. D.,
medical superintendent, Biqigh^miton iState* Hospital,
and John ,W., Russell, M. D., superintendent,

Pardons, , Committatfions, •Be»biev;eSj Etc. 999

Matteawan State Hospital, to examine Twiman and
report to me on;tlie question of bis sanity. They have
reported to me as follows: > , ■ .

i „ (Signed) WM. SULZER

Denbal OF Application by Governob

^ Auburn, N. Y., February 5, 1913

To;,;] Ion. William Sul?;er, Governor of the State of
New York, Executive Chamber j. Albany, N. Y..\

Sir. — The Commission appointed by Your Excellency
January 8, 1913, in accordance with the provisions of
section 495-a' of the Code' of ^ Criminal Procedure, to
examine into the sanity of Wiiliam Twiman, confined
at Auburn State prison under sentence of death, re-
spectfully submits the following report : ^ ,

The Commission met, at Auburn prison on January
23, 1913, at 4 p. m., and was attended by the district
attorney of Monroe county, in accordance with the re-
quirements of law.

The fallowing witnesses were sworn, and testified as
to the mental condition^ of the prisoner :

George W. Benham, agent and warden ;

John Geriii,' prison physician ;

Harley E. Hamil, sheriff of Monroe county ;

, AUeii P. Tupper, principal peeper of Auburn prison ;

John Martin,, guard of Auburn prison ; , , ,

C. J. Mahaney, guard of Auburn prison ;

George J. Durnf ord, gjijard of 4-uburn prison ;

Lawrence Donlan,, guard of Auburn; prison.

The pj"js(j^er w^s, exan;^in,ed on January 23d, Janu-
ary 241;h and February 5, 1913-

.The minutes of tlie above, proceedings and examina-
tions; are .be^^-ewith appended and made a part of this
report.

1000 Public Papees of Govebnoe Sulzeb

As a result of its investigations, your Commission
finds tljat the prisoner, William Twiman, is sane within
the meaning of the statute.

Very respectfully,

James V. May
Chables G. Wagnee
John W. Russell
The application is denied.

(Signed) WM. SULZER
Febmary 10, 1913.

Hearing in the Matter of Application for Requisition
from the Governor of the State of Illinois for Mike
Hockman

GovEENOK Decides to Gbant the Request fob the
Rendition op Hockman

Befobe the Goveenoe

In the Matter of the Application for an Executive
Warrant, against Mike Hockman, upon Requisi-
tion from th^ Governor of the State of Illinois

Heabing had Januaey 31, 1913

Appeabances :

John M. Perry, Esq., representing the district at-
torney's office of Kings county in support of the
requisition.

G. B. Rosenheim, Esq., New York city, of House,
Grossman & Vorhaus, in opposition to requisition;

It has been urged that aii Executive warrant should
not be granted on the following grounds: (1) That
the papers were defective on their face; (2) that under
the statutes of Illinois, no crime had been committed

PABiDdNS, Commutations, Repbibves, Etc. 1001

by defendant; and, (3) that the application was made
in bad faith. ,

After hearing the argument, the Crovernor rendered
the following oral decision: ,

It is conceded that the defendant was in the State
of, Illinois at the time the q,lleged crime was alleged to
have been committed, and that he is now within the
State of New York.

I have examined the requisition papers before me,
which are duly authenticated by the Governor of ;the
State of Illinois and find tlxem to be regular in every
respect.

A certiiied copy of the indictment is before me, and
substantially charges the party demanded with a crime
against the laws of the State of Illinois ; and conse-
quently, under article IV, section 2 of the United States
Constitution and the Revised Statutes of the, United
States (§ 5275) it is my duty, as Governor, to honqr
the extradition papers and issue my Executive
warrant.

I am informed that Hockman has sued out a writ
of habeas corpus, argument on which will be heard be-
fore a justice of the Supreme Court on Tuesday next,.
February 4, 1913. The district attorney, now present,
assures me that he will take no action upon any war-
rant I may issue in this^ matter until the justice renders
his decision on said argument.

Under such circumstances I shall issue my Executive
warrant to-day and have it forwarded in due course to
the district attorney of Kings county^

(Signed) . WM. SULZER

1002 Public Pai'eks of. Governor ^ulzeb

Concerning the Application of FdJke Engle Brandt for
Executive Clemency

Pardon by the GtOVeenob - . .

State of NeW York^ — ExEcxii'ivfi Chamber '
, . Albany, January 17, 1913

In the Matter of the Application of Folke Engle Brandt
I ■ ■■ for Executive Clemency

Those familiar with the 'Brandt case are aware of
what has taken placei heretofore in connection with the
matter and the decisions which have been reached
thereon. The record is not in the prisoner's favor.
He is not a martyr, and as an individual is entitled to
little consideration.

I have no sympathy for Brandt, but I have great re-
gard for the due administration of 'justice. After all,
that is the main thing in this matter.

Brandt pleaded guilty in the Court' of General Ses-
sions, of the city of New York, to the crime of burglary
in the first degree, and was sentenced on April 4, 1907,
to thirty yEJa'rs' imprisonment. There is no doubt of
•his guilt. He admits it. . ■ - ;

Having' carefully examined' the entire ireeordiin the
case for the purpose of doing what is right and proper
to the people of the State, and to the end that substan-
tial justice be done, I havfe reached the conclusion,' after
mature deliberation, that Brandt's sentence was ex-
cessive-.

Brandt is a young man, and has served approxi-
mately Six years of his sentence; and if nothing is
done for him by the Executive, he will have to remain
in prison until half of his maximum term has expired,
which would not be until April 5, 1922, at which time
he could apply for release to the Board of Parole.

PAiEDONSf Commutations, Repeieves, Etc. 1003

It has been decided that the courts are powerless to
render 'aid- in this case,' and the only help which Brandt
can now get is through the exercise of Executive clem-
ency.

Brandt has confessed his sins. He has told me the
truth. ' He appeals to me for mercy. He gives posi-
tive assurances that he will nqt>hereafter offend against
the laws,, and: he promises ;tp lea^, an honest, a re-
spectable, and an industrious life. I want to, give him
a chance to prove tl^e sincerity O:!^ his promises, to,
makfi;go®d, and to redeem himself. ,.

After much thought and due consideration, in view
of all the qirpumstances, I have oome.,to,the^^9pnclusion
that by pow pardoning Brandt, I am exercising for
thje. be^t interest of tljie people ofijthe State my consti-
tutional power in the matter.

„,:; ,. „.. ,.^. , ,,, (Signed) .^WM. SULZER

Condition Annexed;to the Pardon of Foike Engle Brandt
by Governor Sulzer

" Subject to the following conditions; upon the ap-
plication for this pardon, Folke Engle Brandt as a con-
dition of securing the pardon solemnly i promised the
Governor that he would not appear in public, upon the,
stage or otherwise, in' connection rwith his case, or seek,
to gain notoriety by writing the history thereof, or by
discussing it in public for pay, or otherwise. He also
assured the Governor that whatever statements he had;
made ill' writi'Ug'Or otherwise, reflecting upon the char-
acter of ajiy person connected with the case, is abso-
lutely false ; and as a further condition of securing this
pardon, has promised not to repeat such assertions.
A violation of either one of these promises will be re-
garded as sufficient to revoke this pardon and cause
him to be remanded to prison."

1004 Public Papers of GovEEifOB ' Sxjlzek

Commutation of Sentence to Vincenzo Mantello, True
Name Miantelli

State OF New York — Executive Chamber

Albany, February 20, 1913

Sentenced Jiine 19, 1911; county of Kings; crime,
assatilt second degree ; minimum term, 2 years and 6
nibnths; maximum term, 5 years; Sing Sing prison.
Comimited to 1 year 8 months minimum ; 5 years maxi-
mum. Recommended by the State Hospital Commis-
sloh;' so that he may be deported.

This man was received at Sing Sing prison on June
20, .1911. Two months later he was transferred to Dan-
nemora State Hospital, his insanity being very ' ap-
parent.

If Mantello is retained at the Dannemora State Hos-
pital to the full extent of his original sentence to Sing
Sing prison, the deportable limit will have been ex-
ceeded.

The State Hospital Commission has been in confer-
ence with the Italian Consul and with the superintend-
ent of Dannemora State Hospital and the Commission
reports that the patient can be properly deported and
also that his friends in Italy are willing to receive him
if he is returned to their care.

Mantello may be deported back to Italy and thus re-
lieve the State of his care and maiatenanoe.

For the reasons above stated, I have commuted the^

sentence. (Signed) WM. SULZER

Pardons, Commutations, Reprieves, Etc. 1005

Commutation of Sentence to William Nicholas

State. ,o:|" New Yobk — Executive Chambee

' Albasy, February 27, 1913

William Nicholas, convicted of burglary in the third
degree and grand larceny in the second degree; sen-
tenced February 23, 1909, to a minimum of 3 years and
a maximum of 4 years upon one charge and a minimum
of 4 and a maximum of 4 years and 6 months upon
the other. Commuted to not less than 4 years and 20
days and not more than 8 years and 6 months.

This commutation is granted upon the recommenda-
tion of Judge Dike before whom Nicholas was tried
and sentenced and also upon the recommendation of the
assistant district attorney who tried th« case, stating
that he thought the man had received a severe sentence.

I referred this case to the Parole Board and under
date of February 15, 1913, they reported upon this
case. After examining the prisoner they recommended
clemency for him and in view of the recommendation of
the judge, assistant district attorney and Parole Board,
I have deemed it best to modify the sentence, so that a
parole may be granted if the Parole Board thirJis
proper.

(Signed) WM. SULZER

Application of John Mulraney for Executive Clemency;
Confined in Sing Sing under Sentence of Death

Sing Sing Prison, March 15, 1913

To the Honorable William Sulzer, Governor, State
New York, Albany, N. Y.:
I, John Mulraney wrongfully convicted of Murder of
one Patrick McBreen and now waiting the execution

1006 Public Papebs op GtOvebnoe Sulzeb

of tbe, df>atla sen|i^ii,ce on Moiiday, March 17, desire to
make tMs final statement to your honor and the world
at large. It' is true that I haive been convicted of
various ^crimes for which I paid the penalty demanded
by th^: state, of which I, -^e^s, guilty and had no com-
pla-int, tp= ni3,ke,for.I realize the law mupt be enforced.
Previous toiantj during the .time I was in prison a sort
of code of honor was taught me by those with whom I
came in cpntact; and it, was; impressed upon me that a
squealer was not, alone the most contemptible >1;hing on
earth but also that his ; life would be made: miserable
both lin.. and ; out of prison^ ,thisv:is;,a;sort of a, cp(J§ of
honor between men unfortunate ;enough to. have ,m.a(ie
mistake^ in life for which they are in prison.

I having been so in prison had few friends out side
of those whom I met .while in prison and when charged
with this crime foolishly believing that the people were
my f I'iends I adhered to the code, of honor I have men-
tioned and thought I was doing a brave act in trying
to protect my supiposed. friends by; permitting this in-
famous charge to be lodged against me by not giving
a true f uU statement of the facts as they were repeated
to me by thfe men who ' conunitted this foul murder.
I firmly believing it would be impossible to convict me
wild was ' innocent of this crime and for that reason
made no protest at any thin^ that was done by the
police, ^district attorney or court an^ .made no objec-
tions .to counsel that .the court assigned to defend me.

As a man knowing I must soon meet iny Maker
unless rdpi"ieved by you I do not" wish to leave this
e^rtli with a criticism , for any one but in all f airnes.s
to myself I must state in these final words that I do
not believe tljiat the counsel assigned to me did their
full duty in protecting liiy intere'st for it is ti'tie that

Pakdons, Commutations, Ebpkieves, Etc. 1007

three of the five witnesses were subpoenaed at my trial
but for reasons best known to themselves my counsel
failed to put them on the stand and I feeling securei in
my' innocence and bowing to the advice of my ogunsel
permitted the opportunity to pass in which to put in
my defense. To show you how sure^ I felt th^^.t innocent
man would not be convicted I allowed the man Martin
Fay my snpposed friend'who with a man named John
Dowling now dead and who were really the perpetra-
tors of this crime, to take the Stand and testify that he
saw me at a fire near the scene of the murder the night
'it took place thinkilig that he was proving an alibi for
himself and 'little dreaming how seriously It affected
. me. It was not until I was convicted that I realized
that I had become the goat and even in this face of that
still believing in the code of honor I have mentioned,
I believed this man Fay would come forward and con-
fess and exonerate me and foolishly waited until this
late hour for telling the true circumstances of this
crime as I know them.

I am not making this statement in order to jeopard-
ize the life of an innbcent person through spite or a
desire to cause trouble or desire to punish or cause
trouble for any one after I'm gone for I fully realize
that I have sufficient sins to atonc: for without com-
mitting this additional one for I also realize the fact
that this appeal may not be-granted'I am prompted to
do this in the hope that Your Honor will listen to and
heed the appeal of an innocent man condemned to
death and grant me a reprieve of sixty days in order to
give those persons who have interested thepiselves in
my behalf time to establish my innocence to the satis-
f ^ct^pn of Your Honor ^and the state I would not a,sk to
, hfl,yp this living death prolonged except for the desire to

1008 ■! Public Papees of Govebnoe Sulzee

prove to the few friends I hay* and a dear old mother
that although I am a convict I am not a murderer and
while I feel that society would not be greatly beiiefited
by my, release yet a human life is at stake and I do not
believe that the people of this state want to commit
murder by executing a poor defenseless and helpless
wretch as I without giving me a final chance for life ;
the only expense that would be incurred hj granting
me this reprieve ^ as I understand it — would be my
board for sixty days at the end of which time I would
be conipelled to pay this penalty in the event I am
unable to prove what I have stated. Of course I
fully realize what weight the word of a convict and a
man convicted of murder has in the eyes of the public,
therefore, I hope and pray you will grant my request in
order to let those whose records are clear prove my
innocence. While I am not a good Christian yet I
have sufficient faith in Grod to believe you will heed my
prayer and accept the thanks of one of life 's unfortu-
nates and may God bless you.
':■'■ .i Yours in hope

JOHN MULRANEY

On March 16th, Governor Sui^zee Granted a Respite
TO John Mulranby Until the Week Beginning
May 19, 1913, and Sent the Following Telegram
TO Waeden Kennedy of Sing Sing

. (Telegram)

Albany, N. Y., March 16, 1913

John S. Kennedy, Warden, Sing Sing Prison, Ossin-
■ ing, N. Y.:

I have giranted a respite to John Mulraney until the
week beginning May nineteenth, nineteen hundred and

Pardons, CoMMt;TATioNs,'RilPBiEVEs, Etc. 1009

thirteen! Will forward the necessary papers to yoii
after they have passed the office of the Secretary of
State on Monday.

(Signed) WM. SULZER

Letter to Charles S. Whitman, District Attorney,
New York County, Requesting Him to Examine
the Statements Contained in Mulbaney 's Letter
OP Application

State of New York — . Executive Chamber

Albany, March 16, 1913

Hon. Charles S. Whitman, District Attorney, New
York Cityu: •

•Dear Sir : — I have this day granted a respite to
John Mulraney, now confined under sentence of death
at Sing Sing prison, to be electrocuted to-morrow
morning, until the week beginning May 19, 1913.

I enclose you herewith a copy of a letter which was
received last night by special delivery from the said
Mulraney, and as I understand it, this letter has been
given great publicity through the press. In view of the
statements contained in this letter, and at the urgent
request of the friends of this man, I have determined to
go slow in this matter and to be absolutely certain that
an innocent man will not be electrocuted.

I therefore request that you examine the statements
made in the letter of Mulraney, and any witnesses
which can be produced in his favor and inform me
after a thorough examination of the whole matter^ of
the conclusion you reach in reference to the same, at
your earliest possible convenience.
Sincerely yours,

(Signed) WM. SULZER

1010 Public Papebs of Gtovbbnoe Sulzer

Govebnob's Conclusion That Eecord Contains Noth-
ing TO Justify Inteepebence with the Execution
OF the Judgment of the Couet in the Case of
John Mulbaney

State of New Yobk — Executive Chambee

Albany, Mai/ 13, 1913

The People of the State of Neiv York against John

Mulraney

John Mulraney was to have been electrocuted for
murder during the week beginning March 17, 1913.
On the 16th day of March, 1913, I granted a respite in
this case for sixty (60) days to permit Mulraney to
submit to a court evidence showing that he was inno-
cent of the murder of Patrick McBreen. I based my
action in the matter upon a letter which 1 had received
from Mulraney, and which had been given wide -pub-
licity through the press of i the State, the prisoner
claiming that he had been wrongfully convicted of
murder.

I determined to go slow in the matter and not have
a man electrocuted if there was any* possible doubt of
his guilt. Hence I directed the district attorney of
New York county to make a thorough investigation of
the matter and at the conclusion to report to me forth-
with concerning the same.

Mulraney throughout the proceedings which have
been bad has been represented by able counsel, and
twelve court days have been exhausted in the examina-
tion of witnesses who could possibly throw any light
upon the question of Mulraney 's guilt. I am informed
by the judge and the district attorney that more than
fourteen hundred (1,400) pages of written testimony
have been taken, and I cannot do better than to refer

Pabdons, Commxitations, Reprieves, Etc. 1011

to the summary presented by the district attorney
under his report dated May 7, 1913, where he states
the following conclusions : >nt>

"In view of the testimony offered both for and
against the prisoner my conclusions are as follows :
in*' (I) That the prisoner, John Mulraney, was prop-
erly convicted of the murder of Patrick McBreen.

"(2) That from the present state of the testimony,
if a new trial were had, not only could no evidence be
offered in the prisoner's favor, but additional facts
could be produced which would more closely connect
him with the crime. S'-fZ «» u-^n- .n'J ,j?>

" (3) That the testimony, offered on behalf of Mul-
raney was the result of a conspiracy conceived and
engineered by himself to deceive the Governor of the
State, from whom he sought Executive clemency, the
court, to which he applied for new trial, and the public
at large."iViE'l! V^.hm i^ii i\\^\'l ■ Ai^\'- A\ •■

The Honorable Otto A. Ro^salsky, the judge before
whom the motion for new trial was made, has furnished
me a very carefully prepared and exhaustive opinion
of the matter, in which he denies the application for a
new; trial and states that " he ^hasirecognized the
seriousness of the defendant's applicationyand has
carefully examined about forty witnesses called by the
people and the defendant in order to ascertain whether
justice had miscarried, the proceedings occupying
twelve days and over fourteen hundred pages of testi-
mony being taken. Upon the entire case I unhesitat-
ingly reach the conclusion that the defendant is not
only the person who shot McBreen, but that his appli-
cation for a new trial is without merit. " ')V' * 1

In view of the' careful examination and the thorough-
ness withiwhich it has been conducted by the judge and

1012 I Public Papers of Govbbnok Sulzbb

the district attorney, and in view of the fact that Mul-
raney not only committed perjury himself, but sought
to have others, and did have others, • commit perjury
in his behalf, I. have reached- the conclusion that there
is nothing; in the record whatever, that would justify
me in interfering with the execution of the judgment
of the court. (Signed) WM. ^ULZER

Relative to the Case of William Lingley, alias Harry
Miller, etc., Confined in Sing Sing under Sentence
of Death

Govbbnok's Conclusion' Not to Interpeee

Statb of New Yobk — Executive Chambeb

Albany, April 9, 1913

People of the State of New York against William Ling-
ley, alias Harry Miller, alias " Big Bill "

William Liiigley, alias Harry Miller, alias Big Bill,
was convicted of murder in the first degree June 7,
1912, he being implicated in the killing of Patrick
Burns, a keeper of a liquor salooii in the borough of
the' Bronx, and sentenced to be electrocuted during the
W6ek beginning July 15, 1912. Case appealed to the
Court of Appeals and affirmed by the court with an
opinion written by Judge Willard Bartlett February
25, 1913. The Court of Appeals by order fixed the
Week beginning April 14th as the time during which
the sentence shoiild be carried into effect.

After a careful examination of the evidence in this
case, I have reached the conclusion that there was no
ground upon which I would be justified in interfering
with the execution of the judgment of the court.

(Signed) WM. SULZER

Paedons, Commutations, Reprieves, Etc. 1013

GoVERNOE Grants Respite to William Lingley Until
Week; Beginning May 5, 1913, Application foe Re-
argument in the Case Having Been Made

State op New York — Executive Chamber ,

Albany, April 12, 1913

Governor Sulzer to-day granted a respite in the case
of /William Lingley until the week beginning May 5,
1913.

The attorney for Lingley on April 10, 1913, filed
with the Court of Appeals an application for a rear-
gument in the case. The Court of Appeals being in re-
cess anid not to nae^t until the 14th instant, the week
during which Lingley was to be executed, the Governor
after careful consideration determined to grant the res-
pite until the question involved could be determined
by the court.

(Signed) WM. SULZER

The Court of Appeals Having Denied the Motion

FOR RiEargument of the Case of William Lino-

. LEY THE Governor Refuses to Further Interfere

WITH THE Execution of the Judgment of the

..,; Court, i,-, ■

State of New York — Executive Chamber

Albany, April 29, 1913

On April 9, 1913, I denied the apiplicatioh made if or
Executive clemency in the case of William Lingley,
alias Harry Miller, alias Big Bill, -w^ho was to have
been electrocuted during the week beginning April 14,
1913.

On April lO, 1913, application was made by the
attorney for Lingley to the Court of Appeals for a re-

1014 Public Papers of G-ovSBnob Sulzeb

argument of the case. For the purpose of permitting
the court to pass upon the question I granted a res-
pite until the week beginning May 5, 1913. I have
been informed to-day thgit the Gourt .of Appeals has
denied the motion for reargument, and I refuse to
further interfere with the execution of the judgment
of the court. ' ' / - *

(Signed) WM. SULZER

Case of Raeffele Ciavarella, Confined in Auburn Prison
under Sentence of Death

Conclusion OP Govkrnor not to Interfere w'lis the

EXECUTIOI^ OFTHE JuDGMENi OF THE COUiii

State of New York — Executive Chj^mber

Albany, May 7, 1913

The People of tlie State' of ^ew York against Raeffele

Ciavarella

Eaffele Ciavarella convicted of murder in the first
degree by a Verdict of the jury in the Trial Term of the
Supreme Court on January 31, 1912, for the murder
of Robert Lockridge in the city of Oswego.

Sentenced to be electrocuted at Auburn prison dur-
ing the week commencing' March 17, 1912. Case ap-
pealed to the Court of Appeals. Affirmed by that court
without opinion on April 1, 1913, all the judges con-
curring. Order of the court fixing the time within
which the sentence of death shall be carried into effect,
within the week beginning May 19, 1913.

After careful consideration of the evidence in this
case, I have reached the conclusion that there was no
ground upon which I would be ju^ified.in interfering
wiih the execution of the judgment of the court. ^ i ,

(Signed) WM. SULZER

Pakdgns,:Gomm;ijtations, Reprieves, Etc. 1015

Rejpoet op Commission Appointed, to Bjca-mine into the
Mental ■ Condition of , Raefeele Ciavakella, Un-
der Sentence of Death at Auburn Prison

State of New York — Auburn Pbison

GEORGE W. BENHAM, AGENT AND WARDEN

Auburn, N. Y., May 13, 1913

Hon. William Sulzee, Governor of the State of New
York, Albany, N.Y.: ''''

, Dear, Sir.— We wish to report that, in accordance
with your instructions trahsinitted to us on May 12,
1913, l^y Hon. Owen L. Potter, (Jrovernor's representa-
tive in pharge of the office of Superintendent' of State
Pri^op^s, we have made an examination into the mental
Qoiiditioh of Raffele Ciaverella, now under sentence of
death at Autjurn prison.' A transcript of the examina-
tion, which includes , the examination of the prisoner,
the testimony of the prison physician, and Dr. L. F.
O'Neill, of the city of Auburn, N. Y., who had also ei-
aminecl the prisoner, and the guards who have had
charge of hirh,' will be forwarded to you at a later date.
As a result of bur examination and investigation,
we are of the opinion that the prisoner 's present men-
tal condition is a temporary emotionaV disturbance
caused by his fea,r of the impending electrocution, and
that he IS not. insane within the meaning of the statute.
Verjr respectfully,

(Signed) JAMES V. MAY

Medical Member, State Hospital Commission

,, (Signed) CHAS. W. PILGRIM

Superintendent Hudson State Hospital

1016 PtJBLic Papers ot Governor Stjlzee

G-OVERNOR EeFUSES TO FURTHER INTEKFERE IN THE 'EX-
ecution op the judgltent of the coukt '

State of New York — Executive Chamber

Albany, May 15, 1913

The People of the State of New York against Raeffele

Ciavarella

On May the 7th instant I announced my decision
in this case, and then started that I could not see ^my
way clear to interfere with the execution of the judg-
ment of the court. .

Within two days thereafter the attorneys for the
defendant requested that I grant a hearing in the mat-
ter. I did so and this day have heard at length both
the; attorneys for the defendant and the district at-
torney of Oswego county.

■ The only question raised by the defendant's attor-
neys is the sufficiency of the identification of the pris-
oner as being the man who committed the crime. That
question was involved in the trial of the case before the
jury and they determined it against the defendjant.. It
was also involved in the case before the Court of Ap-
peals and they unanimously affirmed the judgment of
the trial court, ,

The experts heretofore appointed by me to ex.amine
the mental condition of the prisoner advise me that he
is sane, and in view of the findings of the jury, the
judgment of the courts, and all the surrounding circum-
stances of the case I am constrained to refuse further
to interfere in the matter.

(Signed) WM. SULZER

Pabdons, Commutations, Reprieves, Etc. 101.7

Relating to the: Extradition of Bernard Hauslinger from

■>'Hl' i'»l'iil '»i( the State of Illinois ,i7/ .1 i.'l1'>

r ■ u:. . >,.,■ ,.'•^f

District Attorney's Office — County of New York

Charles S. Whitman, District Attorney * ij.^^

March 8, 1913 ^y

Hon. William Sulzer, Governor of the State of New
York, Albany, N.Y.: ' ,^ ,'

On January 2d, at my request, you issued a requisi-
tion on the Governor of Illinois for tlie rendition to
this State of Bernard Hauslinger as a fugitive from
justice. This requisition was honored by the Governor
of Illinois, and the fugitive was arrested under the
warrant issued by him. ^ rxnu jb'it

Upon such arrest the fugitive sued out a writ of
habeas corpus, which was returnable before 'Judge
Foelbof the Superior Court in Chicago, ^i The attor-
ney for the fugitive confined his attack on the pro-
ceedings to the fact that your requisition was certified
under the privy seal of the State, instead of under the
great seal. Such certification has been the uniform
custom in this State in the past, and, so far as I am
aware, has never been successfully questioned any-
where excepting . in Illinois. Judge Foell, however,
being of the belief that the great seal of the State was
required, sustained the writ and discharged the pris-
oner. There is no appeal in the State of Illinois from
the decision of a judge sustaining a writ of habeas cor-
pus, and it is impossible to review Judge Foell 's deci-
sion in any way.

I am informed by the State 's attorney of Cook
county, Illinois, that he understands there have been
several other cases in the past where the relator on a
habeas corpus writ has been discharged in that county

1018 Public Papbes of GtOVErnok -Sulzer

for the same reason. Undoubtedly in ihe future every
effort will be made to make returnable before Judge
Foell writs of habeas Qorpus sued out by fugitives frona
this State, arrested as such in Chicago, and the Judge
will, I assume, follow the ruling he has made in the
Hauslinger case.

While I am personally of the opinion that the ruling^
is erroneous and that the privy seal aiid not the great
seal of the State is the proper one to appear upon ex-
tradition requisitions, I write to infotm you of the
above facts in order that yom may consider whether,
in view of Judge Foell 's decision and the impossibility
of reviewing the same, it may not be desirable to so
alter the form of requisition to be made by you in your
future extradition proceedings that it shall be( issued
under the great (seal of the State, instead of the privy
seal. I am of the impression that this is the practice
in other States, an impression which I think an exam-
ination of the requisitions issued by the Executives of
other States and contained in your Executive files will

confirm. ^y- .. ,,j. „

Yours very respecttully,

CHAELES S.WHITMAN

District Attorney

By IsibOR WASSEWOGEt,

Acting District Attorney

Pardons, Commutations, Reprieves, Etc. 1019

State of New York ^^ Exequtivb Chamber

Albany, March 10, 1913

Uon. Chaples S. Whitman, District Attorney^ New
York City:

Dear Sir. — I am in receipt of your communication
of the 8th instant and have carefully considered the
matter to which it refers and have determmed to place
it before the Governor of- Illinois for his examination,
investigation 'and consideration.

I enclose h-erev^^ith a copy of the letter which I have
sent to Governor Dunne.

Very sincerely yours,

(Signed) WM. SULZER

State of New York — Executive Chamber

'' ' .■ ■• ■ Albany, March 10, 1913

Hon. Edward F. Dunne, Executive Chamber,. Spring-
field, lU.r

My Dear GoVEKiTOR Dunne.— On January 2, 1913,
I forwarded to you papers from the district attorney of
New York county, for the return to this State of
Bernard Hauslinger,, charged by indictment with grand
larceny in the first degree. My understanding of the
situation is that these papers were honored by you and
the prisoner arrested under your warrant. Thereafter
a writ of habeas corpus was issued, returnable before
Judge Foell of , the Superior Court of Qliicago. The
attorney for the fugitive cq^^i^ned his attack on the pro-
ceedings to the fact that the requisition of the State of
Kew York was issued under the privy seal of the State,
instead of the great seal. I am inJqrined that the judge

1020 Public Papebs of G-ovebnoe Sulzeb

held and ruled this Sufficient reason for the discharge
of the prisoner.

I desire to inform you that the practice in New
York State has always been u^pdri requisition papers j
that they were issued under the signature of the 'Gov-
ernor, attested by his private secretary under the
privy seal of the State. I respectfully call your atten-
tion to Moore on Extradition and Interstate Rendi-
tion, volume 1, pages 346, 347.

It seems to me that, the discharge of this man was
wrong and I desire to call it to your attention, for such
consideration, investigation and examination as you
deem proper. ;,, , , i , ,

With best wishes, believe me as ever.

Very sincerely your friend,

(Signed) WM. SULZEE

Albany, N. Y., March 21, 1913

Cobbespondence Between Goveenoe Dunne, at Illi-
nois, AND Goveenoe Sulzee, of the State of New

Y0EK,,IN EeFEEBNCE TO EeFUSAL OF JUDGE FoELL,

OF Chicago, to Honor a Eequisition of the State
OF New Yobk

State of Illinois ^ Executive Depaetment
Edwaed F. Dunne, Governor

Speingfield, March 15, 1913
My :Dear Goveenoe :

Yours of the tenth instant readied ttie'for considera-
tion to-day. You will note from the record that I
honored your requisition. The validity of the habeas
corpus proceeding was attacked in the Superior Court
in Chicago. Of course, we must admit that the judicial

PaKDONS, OoMMtTTATIONS, REPRIEVES, EtC. 1021

department of the Government is absolutely independ-
ent of tlie Executive if it d,cts within its jurisdiction.

All I can do on this matter is to send to Judge Foell
a, copy of District Attorney Whitman's letter V> you
and of your letter to me, inform him of the gravity
of the situation and urge him to look carefully into
the matter, and on all future decisions be certain he is
right. ,

With best wishes for your success,
Very truly yours,

(Signed) E. F. DUNNE

Honorable WiijLiam Sulzee, Governor of New York,
Albany, New York.

State of New York — Executive Chamber

Albany, March 21, 1913

Hon. Edward F. Dunne, Executive Department,
Springfield, III.: ' , ■

My Dear Governor. — Your letter of March 15th,
duly received, and I would inform you that this is
the first time in the history of New York State, so
far as I know, where a requisition riegularly issued' and
honored by any Governor has been denied for the
reasons stated by Judge i'oell of the Superior Court
of Chicago.

I regard this situation as a very serious one for the
State of New York, and trust that I may have an
explanation from Judge Foell ithl"6ugh you, in refer-
ence to this niatter, which will relieve the situation of
a like occurrence upon future cases.

With best wishes, I am.

Sincerely yours,

(Signed) WM. SULZER

1022 Public Pafees oj? GoviBBiiroB Sulmek

Relative to the Request for the Extradition from Holland
of ^Yi^iam Marines£>en

Telegram from Alvey A. Adee, Acting Secretary of
State, in reference to the case of 'William Marinessen:

' ' Washington, D, .C, March 19, 1913

" Governor of New Yoek, Albany, N. Y.:

" Eef erring to your telegram of March sixteenth.
Netherlands government states that Marinessen being
of Dutch nationality cannot under the provisions of
our naturalization treaty be extradited but can be
prosecuted in Holland for the crime. If such prosecu-
tion is desired detailed particulars regarding nature
of murder and evidence should be telegraphed at once,
to be followed as early as possible by documentary
evidence. Alvey'A. Adee, Acting Secretary of State."

GrovEENOE Sulzee's Telegeam to the Disteict At-

, ! TOENEY OF SXTFFOLK CoUNTY

Albany, N. Y., March 20, 1913

Hon. Ralph C. Geeene, District Attorney, Sayville,
N. Y.:

I am in receipt of the following telegram from the
Department of State at Washington: " Referring to
your telegram of March sixteenth. Netherlands gov-
ernment states that Marinessen being of Dutch nation-
ality cannot under the provisions of our naturalization
treaty be extradited but can be prosecuted in Holland
for the crime. If such prosecution is desired detailed
particulars regarding nature of murder and evidence
should be telegraphedi at once, to be followed as early

Pakdons, Commutations, Reprieves, Etc. 1023

as possible by documentary evidence. Alvey A. Adee,
Acting Secretary of State."

. I request that you immediately investigate and de-
termine whether William Marinessen was ever na,tural-
ized as a citizen of this country or ever declared his
intentions to be /naturalized and after such investiga-
tion forthwith inform me of the result thereof.

(Signed) WM. SULZER

In Relation to Michael Qoslinski, Cotifined in Auburn
Prison Under Sentence of Death

Opinion op the GtOveknok that He Would Not Be
Justified in Interfering with the Execution of
ilate Judgment

Opinion of Governor in Casj! of Michael Goslinski

St^te op New York — Executive Chamber

Albany, May 22, 1913

The People of the State of New York against Michael

Goslinshi

Michael Goslinski wa;s convicted of murder in the
first degree in December, 1912, for having killed, in
the city of Buffalo, on the 19th of November, 1912,
a member of the police force of that city.

The case was appealed to the 'Court of Appeials, and
on the 15th day of April, 1913, the court unanimously
affirmed the verdict of the jury, and the judgment of
the trial court.

Thereafter, on the 16th day of April, 1913, the Court
of Appeals by order fixed the wefek beginning June 2d
next, as the time within which the sentence of the court
should be carried intb effect.

1024 Public Papers of Goveknoe >Sulzbb

r have carefully examined and considered the tes-
timony and all the surrounding circumstances in this
case, and after deliberation I am convinced that I
would not be justified in interfering with the execu-
tioti of the judgment.

(Signed) WM. SULZER

Case of Qregorio Patini, Confined in Sing Sing Prison'
Under Sentence of Death

Governor Concludes Not to Interfere with the Ex-
ecution OF the Judgment of the Court

State of New York — Executive Chamber

Albany, May 27, 1913

The People of the State of New York against Oregorio

Patini

Gregorio Patini was indicted on December 23, 1910,
charged mth murder in the first degree, for having,
by use of. a shotgun, caused the deatli of Pasquale
Vasta on December 18, 1910.

He was placed on trial January 23, 1911. The trial
being concluded on January 26, 1911, he wa^ on the
same day sentenced to death. The case was appealed
to the Court of Appeals and on April 15, 1913, the case
vyas decided by the Court of Appeals, five judges con-
curring in the opinion, two judges dissenting. The dis-
sent, however, was on a teclmical question of law and
did not involve the question of the guilt of the
defendant.

On May 26, 1913, on the application of the attorneys
for the defendant, I granted a hearing and heard the
defendant's attorneys at length, together, with others

Pardons, Commutations, Eepkieves, Etc. 1025

appearing in Ms behalf. The district attorney of West-
chester county opposed executive olemehoy.
■ Having carefully examined and considered the tes-
timony and air the surrounding circumstances ill this
case, and also all of the- statements made to me on
the hearing, I am convinced that I would not be justi-
fied in interfering with the execution of the judgmeiit
of the court.

(Signed) WM. SULZEE

In the Matter of the'Application for the Exercise of Ex-
ecutive Clemency for Benjamin Rosenthal

GoVeenok's Conclusion That a Paedon Should be

Geanted

State of New York — Executive Chamber

Albany, May 27, 1913

Benjamin Eosenthal pleaded guilty of receiving
stolen copper wire and was sentenced to two months '
Imprisonment iii the Monroe county penitentiary.

This is a celebrated ca:se. It has been strongly con-
tested in all of the State courts, and in the Supreme
Court of the United States,' on the ground that the law
was unconstitutional. '

' EoSenthar pleaded guilty to the crime charged, by
the' advice of counsel who believed that the statute
under which the conviction was had was unconstitu-
tional. This question has beien determined against
him in all the courts.

Executive clemency in this case has been strongly
urged and recommended by both the district attorney
and the county judge of Monroe county, and many
prominent citizens of the city of Eochester.
33

1026 Public Papers of Goveknoe Sulzek

In view of the fact that the conviction took place in
December, 1908, and the man has contested the matter
through the State courts and the United States Su-
preme Court, and the strong recommenda,tions for
clemency made in this case, I have reached the conclu-
sion that the man has been sufficiently punished and
haye determined that a pardon sihould; be^ granl^ed.

(Signed) WM. SULZEE

In the Matter of the Application for Pardon of John W.
Sniffen, Sentenced to Elmira Reformatory

GovEKNOE Decides the Case to be a Peopee One fob

THE ExEECISE OF EXECUTIVE ClEMEKCY

Albany, July 10, 1913

John W. Sniffen, sentenced to the Elmira Reforma-
tory in February, 1913, for larceny in the second de-
gree.

A pardon recommended by the district attorney qf
Greene county, and by many prominent citizens of that
county. Not opposed hy the judge who sentenced the
prisoner and who states that it is pecijliarly a case for
the determination of the Governor upon the facts.

"After a very careful consideration of all of the
facts and surrounding circumstances in this case,"
said Governor Sulzer, ' ' I have determined that it is a
proper one for executive clemency, and have therefore
granted a pardqn. "

Paedons, Commutations, Reprieves, Etc. 1027

In Relation to the Case of Antonio Africano, Confined in
Auburn Prison Under Sentence of Death

Recommendation of Agent and Warden, C. F. Ratti-
GAN, Which is Concurred in by Thomas C. Saw-
yer, M. ]j., XcTiNG Prison Physician, That a Com-
mission be Appointed to Examine as to Sanity of
Africano

Auburn, June 11, 1913

Hon. William Sulzer, Governor of the State of New
York, Albany, N. Y.:

Dear Sir. — Our acting prison physician, Di". Thomas
C. Sawyer, reports to me that he has grave doubts as
to the sanity of Antonio Africano, who is under sen-
tence of death during the week of June 23d. The man
has developed a suicidal mania, and I am convinced
that a commission should he appointed to pass on his
case. Dr. Sawyer reports that he has well marked
hallucinations and delusions, and he feels that the
formal examination is absolutely necessary at once.

I had previously referred the matter to the superin-
tendent, and by his direction I am making formal ap-
plication to you.

Very truly yours,

C. F. RATTIGAN,

Agent and Warden

I concur in the above reGommendation.

Thomas C. Sawyer, M. D.,

Acting Prison Physician

Governor Complies with ^-Pove Recommendation and
. Appoints Commissio^t
In view of the request of the warden of Auburn
Prison and the acting prison physician, I have ap-

1028 Public Papers of Govebnok Sulzeb,- < r

pointed Dr. James V. May, the medical member of the
State Hospital Commission, and Dr. Charles W. Pil-
grim, medical superintendent of the Hudson Eiver
State Hpspital at Poughkeepsie, to examine into the
question of the sanity of Antonio Alfricano and to re-
port to nie forthwith at the earliest possible date.

(Signed) WM. SULZER

Repobt of Commission Appointed to Examine as to
Mental Condition of , Antonio : Afeicano, upon
Which the Governor GrRANTft a Respite of Ninety
Days : ^ ,

Auburn, N. Y., June 13, 1913

Hoh. William Sulzer, Governor of tJie State of New
York, Executive Chamber, Albany, N. Y.:

Dear Sir. — In accordance with your instructions,
under date of June 12, 1913, we beg leave to submit the,
following report of our examination of the mental con-
dition of Antonio Africano, now under sentence of
death at the Auburn State Prison.

This examination was made on June 13, 1913, and in-
cluded an interview of Dr. Thomas C. Sawyer, prison
physician; the prisoner was also examined, as were
the following guards who have had charge of him:
John Martin, Lawrence Donlin, George Durnford,
Charles Mataney, William O'Neill.

As a result of our examination we are of the opinion
that the prisoner is at the present time insane within
the meaning of the statute, aind is suffering from a form
of mental disturbance which may possibly be of a tem-

Paedoks, Commutations, Repbieves, Etc. 1029

porary character. This can only be determined by
further observation of the case.

A copy of the stenographic report of the examination
of the prisoner, and of the other persons above men-
tioned, will be transmitted at as early an opportunity
as possible.

JAMES V. MAY,
Medical Member State Hospital Commis-
sion.

CHAS. W. PILGRIM,
Medical Superintendent Hudson River
State Hospital.

In view of the facts stated in the telegram and let-
ter, I have this day granted a respite for ninety days
in this case, so that there may be an additional ex-
amination as to this man's mental condition.

XI

PART 2

PARDONS, COMMUTATIONS, REPRIEVES
AND REQUISITIONS

(Extraordinary Session)

XI

PART 2

PARDONS, COMMUTATIONS, REPRIEVES AND
REQUISITIONS

(Extraordinary Session)

Case of Andrea Manco, Confined in Sing Sing Prison Un-
der Sentence of Death. Governor Concludes not to
Interfere

State of New Yoek ^ Executive Chambek

Albany, June 23, 1913
People of the State of New Yorkqgainst Andrea Manco

Andrea Manco was indicted in Orange county , on
October 22, 1912, charged with murder in the first de-
gree, for killing with a pistol on the 22d day of Sep-
tember, 1912, in said county, one Paolo CappanfeUo.

The defendant was placed on trial under an indict-
ment for murder in the first degree before Mr. Justice
Tompkins and a jury at Nfewburgh, December 11, 1912,
and convicted of the said crime on that dayj

On December 12, 1912, he was sentenced to death
during the week commencing January 27, 1913. The
case was appealed to the Court of Appeals and on
May 13, 1913, the court unanimously affirmed the judg-
ment of the trial court, and by order fixed the week be-
ginning June 30, 1913, as the time within which the
sentence should be carried into effect. Application
has been made to me for a commutation of this sentence
by the defendant's attorney.

Having carefully examined and considered the tes-
timony and the application for a commutation of th«

[loas]

1034 Public Papers of Goveenob Stjlzeb

sentence, and all the surrounding circumstances in the
case, I am convinced that I would not be justified in
interfering with the execution of the judgment of the

court. .- ; : v^ . ; ■ . . : ; r ' ' ,. '. ■ : , ^ .' '

(Signed).. ', WM. SULZER

Report op CoMMissiois' and DBCisioisr of Governor
State of New York — - Executive Chamber

Albany, June 2S, 1913

Matter of Andrea Manco, who is to be electrocuted at
Sing Sing Prison during the week beginning June
30, 1913.

" Sing Sing Prison,

" OssiNiNb, N. Y.,June 27, 1913

"Hon. William Sulzee, Governor, State of New-
York, Albany, N. Y.:

' ' Dear Sir. — In compliance with instructions re-
ceived from Hon. Owen L. Potter, we have to-day ex-
amined Andrea Mancp, now confined in Sing; Sing
Prison under sentence, of death, and ais a result of our
examinatioji,:. certify that in our opinion he is sane
within the meaning of the statute. He is a man of in-
ferior mental makeup, .and is at present frightened
and hysterical over his impending fate. The symp-
toms which he now presents do not conform to any
form of insanity with which we are familiar, and in
our judgment, are assumed for the purpose of prevent-
ing his electrocution.

" The statements of Drs. C. W. Farr and H. E. Me-
reness, Jr., Guards Frank L. Hurling and Barney
Simmons, Father Cashin, the Catholic Chaplain, James
F. Wilson (prisoner.No. 59596) and his wife, Mrs.

Paedons, Commutations, Repejeves, Etc. 1035

Marie Manco, were taken stenographically, and will
be transjnitted later.

"(Signed) CHAS W. PILGRIM,
" Med.jSupt. Hy,^s()fi River State Hospital'
' ' ( Signed) ISH AM G. HARRIS,
" Med. Supt. Mohansic State Hospital."

,,,In view of the above report, I, decline to interfere
with the, sentence of the court.

(Signed) WM. SULZER

Statement by Governor in Commuting the Sentence of
Rafael Toledo

July 1, 1913

Rafael Toledo ' convicted in 1911 of subornation of
perjury and sentenced to Sing Silig Prison for a min-
imum term of two years and six months and a max-
imum term of six y^ars aind six months; commuted to
two years, one month and twenty days from May 10,
191i:

Granted on the application of the Colombian Con-
sul-General at New York, who writes and informs me
that if this man's sentence is commuted, he will see
that he is deported back to his native country.

Also the prison physician reports that this man is
mentally very unstable and presents many hysterical
and neurasthenic symptoms.

For these reasons, I have detefmiried that a com-
mutation of the sentence was justifiable, and I have
annexed as a part of the conditions of such commuta-
tion, that the said Rafael Toledo be deported back to
the Republic of Colombia,' - In case he is not so de-

1036 Public Papees oi* Goveenor S'ulzee

ported, the'n this commutation to be' null and void and
he shall be returned to the prison from which released,
to serve out the balance -of his unexpired sentence.

(Signed) WM. SULZER

^^ -Au^; ^

Case of Anthony W. Grace, confined in Sing Sing I^risbn,
Under Sentence of Death. Conclusion of the Gov-
ernor not to Interfere

State of New Yobk — Executive Chambbb
,, , Albany, July^ 16, 1913

People of the >8tat&'.of New. York against Anthony
W. Grace ■

Anthony W. Grace was indicted pn the 23d dsijoi
October, 1912, by ,the,,grand jury of, Orange county,
for the crime of murder iji the first degree, for killing
with a cleaver his brother, John Grace. ,

j.Theidefendant was tried in the Supreme Court in
the county of Orange, and convicted of murder in- the
first degree, on)the 10,th day of .Deceniber, 1912. He
was sentenced to be electrocuted during the; w^eekj b.e;
ginning January 27, 1913.

The case was appealed to the Court of Appeals, and
that court on June 20, 1913, affirmed the decisiipn of the
trial court and jury. ,., , ,/ .

The court by order fixed the week beginning August
4,1913, as the time for; the carrying into effect of the
sentence.

Judge Tompkins who presided at the trial, said to
the jury:

" Gentlemen, the Court wants to thank you for
the manner in which you have discharged your

PAKDON'g, OoMMUTAiioiTs, Repkievesj Elc. 1037

duty in this ease. No other verdict could have
been rendered under the evidence. "

After . a, careful examinationj of , jaJJ the surrounding
f a(^ts and circumstances in the case, I have reached the
conclusion that there is no ground upon which I am
justified in interfering with |th&, execution of .the judg-
ment of the court.

(Signed) WM. SULZER

Case of Alexander Skwirsky, Conflned in Sing Sing
Prison, Under Sentence of Deatli

COBRESPONDENCE,' RePOET OE, COMMISSION' ANP GoV-

eknoe's Oedeb fob Removal, of ^s:wiesky to DAiNr
NEi^OEA Sta,t:e Hospital FOB THjE, Insane -r

■ •■' ■' -i:- .' ■ '• ■ ■ ' :■■" July 21,^918 •■

Governor Sulz;er ha^ received, the following corre-
spondence in regard to 'the case of Alexander Skwir-
sky, who is now confined in Sin^ Sing Prison, under
sentence of dieath.

State of New Yobk — Peison Depaetment

Albany, July 21, 1913

Hon. William Sulzee, GO'OeVnof, Albany,' N. T.:

Bbae Sib. — I beg to enclose herewith letter frdm
Jaines M. Clancy, agent aind warden of Sing Sing*
Prison, together with a tejiort by Charles W. Farr,
physician at Sing Sing Prisb'n; regarding the question
of the insanity of Alexander Skwirsky, now confined
at Sing Sing Prisoh^ under Sentence of death, for your

1038 Public Papebs of GovsiBEroE Sulzbb

consideration and such action as you deem advisable
in the matter.

Very truly yours

(Signed) JOHN B. EILEY,

Superintendent.

State of New York — Sing Sing Prison

OssiNiNG, J%ily 19, 1913

Hon. John B. Riley, Superintendent of State Prisons,
Albany, N. Y.:

Deab Sib. — I am forwarding you herewith, for such
action as you may deem proper, report of Dr. C. W.
Farr, prison physician, as to the condition of one
Alexander Skwirsky, now an ininate of the condemned
cells of this prison.

This man has upset to a great degriee the other in-
mates of the condemned cells, and I would respectfully
ask your early attention to this matter.
Very respectfully,

(Signed) JAS. M. CLANCY,

Ageni and Warden.

State of New Yoek — Sing Sing Pbison

QssiNiNG, N. Y., July 19, 1913

James M. Clancy, Esq., Agent and Warden:

Deab Sib. — In reply to your inqiiiry of present date
regarding mental condition of Alexander Skwirsky,
now an inmate of the condepaned cells, I. wish to state
that he has been under careful observation ever since
his admission. Skwirsky is markedly defeptiye men-
tally and in addition is an epileptic. He has had nu-

Pakdons, GOMMUTATioirs, Reprieves, Etc. 1039

merous seizures since lie has been here. Following
each seizure he has a period of a da;y or t^vo in which
he is quite confused, dazed and at times becomes noisy.

In these cases it is not unusual for a progressive
mental deterioration to appear and terminate iii time
epileptic insanity. In the case of Skwirsky it is quite
likely that a definite insanity will appear before the
time set for his execution. In all similar cases it has
been usual to ask the Grovernor to appoint a commis-
sion to examine the man in the death house who pre-
sented evidences of insanity.

I hereby suggest that this case be referred to the
Governor for his action.

Respectfully,

(Signed) ' CHAS W. FARR,

Prison Physician.

In accordance with the facts contained in the fore-
going communications, Grovernor Sulzer on this day
appointed a commission to examine Alexander Skwir-
sky, and report to him as to his sanity at the time of
the examination, consisting of the following persons :
James V. May, M. D., Medical Member of the
State Hospital Commission; Charles W. Pilgrim,
M. D., Medical Superintendent of the Hudson River
State Hospital; and R. F. C! Kieb, M. D., Medical
Superintendent of the Matteawan State Hospital.

State of New Yokk — Executive Chamber

Albany, August 1, 1913

In the Matter of Alexander Skwirsky

Alexander Skwirsky was convicted of murder in the
first degree in New York counity, and sentenced to be

1040 Public Papebs of Goveknok Sulzbb

executed during the week beginning May 5, 1913. The
execution stayed by an appeal to the Court of Appeals.

On July 21, 1913, under the provisions of section
495-.a of the Code of Criminal, Procedure, I. appointed
a commission consisting of Dr. James V. May, Mefiical
Member of the State Hospital Commission, Dr.
Charles W. Pilgrim, Medical Superintendent, Hud-
son River State Hospital an(i Dr. E. F. C. Kieb, Med-
ical Superinte:^dent, Matteawan State Hospital, to ex-
amine the mental condition of the convicted man. .,:

The commission under date of July 31, 1913, have
reported as follows :

State of New York — Sing Sing Prison

Ossini'ng, July 31, 1913

Hon. William Sulzek, Governor of the State of New
York, Executive Chamber, Albany, N. Y.:

SiE.— The undersigned commission appointed, un-
der date of July 21, 19l3, for the purpose of examin-
ing into the mental condition of Alexander Skwirsky,
a condemned prisoner at Sing Sing Prison, in accord-
ance with the provisions of section 495-a of the Code
of Criminal Procedure, respectfully submits the fol-
lowing report:

The prisoner, was examined on July 31, 1913, and the
following w,ijl;ne:sses were heard: James M. Clancy,
Agent and Warden; Charles W. Farr, Prison Physi-
cian ; James Conpaughton, Principal Keeper ; Henry
P. Thacker, Guard; Frank L. Herling, Guard.

A complete report of the examination will be sub-
mitted on a later date.

As a result of the examination of the prisoner and
the testimony given by the various witnesses men-

Pakdons, Commutations, Eepkieves, Etc. 1041

tionedj your commission is of the opinion that the pris-
oner is insane within 'the meaning of the statute.
Respectfully,

JAMES V. MAY,

Medical Meniber State Hos- .^'
pital Commission,

CHAELE3 M- PILGRIM, ,

, S.yiperinten4e,nt < Hudson Rivex
State Hospital, ,

RAYMOND P. C. KIEB,

■ ' Superintendent Matieawan
. , State Hospital.

In view of the report of the cohimissioh, I have, by
virtue of the ', authority conferred upon me, ordered
the removal of the said Alexander Stwirsky to the
Dajiinemora St^-te Hospital for Insane Convicts, there
to remain until restored to Ms right mind.

(Signed) WM. SULZEE

The Governor's Order

State of New Yokk — Executive Chambee

Albany, August 1, 1913

Dr. James V. May, medical member of the State
Hospital Commission, Dr. Charles H. Pilgrim, Medical
Superintendent of the Hudson River State Hospital
and Dr. Raymond F. C. Kieb, Medical Superintendent
of the Matteawan State Hospital having been ap-
pointed by me on July 21, 1913, to examine Alexander
Skwirsky now confined in Sing Sing Prison under
sentence of death and to report to me "as to his sanity

1042 Public Papers of Govebnor Sxjlzeb

at the time of the examination, the commission having
made such examination and reported July 31st, the
facts to me, with their opinion thereon that the said
convict is insane within the meaning of the statute,
and it appearing to my satisfaction that the said con-
vict is now insane,

Now, therefore, 1, WilliamSulzer, Governor of the
State of New York, pursuant to the statute in such
case made and provided, do hereby order the re-
moval of said Alexander Skwirsky, so found insane to
the Dannemora State Hospital for Insane Convicts,
there to remain until restpred to his right mind.

Given under my hand and the Great Seal of the
State at the Oapitol in the city of Albapy
[l. s.] this first day of August in the year of our
Lord one thousand nine hundred and thir-
teen.

(Signed) WM. SULZER

Attest :

Jose E. Pidgeon,

Second Deputy Secretary of State

XII
PART 1

MISCELLANEOUS

XII

PART 1

MISCELLANEOUS

Statement in Relation to State Rifle Range at Blauvelt

, January 23, 1913.

On the subject of tMe State Eifle Range at Blauvelt,
Ni Y., which, was closed on complaints made by citizens
of Rockland county that stray bullets. made life unsafe
in that part of. the State, Governor Sulzer said.torday:

" Ojir first duty is to make, the range safe. For
that: purpose, acting under my instructions, Adjutant-
Generial Hamilton called a meeting in New York last
Saturday, of General O'Ryan, commanding the Na-
tional Guard, Senator Herrick and Assemblyman
Cuvillier, Chairmen of the Senaite.and Assembly Com-
mittees on Military Affairs, and Senator Blauvelt,! in
whose district the range is situated, dt was, agreed
that every means should be taken to render the range
safe, and prevent the possibility of accidents. The
State soldiers and sailors ought to. have a place to
practice shooting; for no soldier is worth his ^kepp. if
he cannot shoot straight. The State has !a.t Blauvelt
what is probably the best rifle range in the world. In
design, construction and equipment there is, nothing-
like it anywhere else. Those who met last, Saturday
are to make a thorough physical inspection pf the
range next Monday, after which I shall know what it
will cost the State to meet the objections of Rockland
county citizens. I shall do nothing hastily in this
matter, but, on the other hand, I shall waste no time
in finding out how to utilize the State's $:4O0,Q()O, in-
vestment at Blauvelt." ,/.< .

[1045]

1046 Public Papers of Goveenoe Sulzeb

Statement by Governor Regarding Bills to Carry Out
Recommendations in a Message to the Legislature
for Reforms in Stock Exchanges

AijBatsy,^.Y., February 12,1913

Last week I submitted to the Legislature seven bills
to carry out the recommendations I made in my mes-
sage regarding reforms in stock exchanges. At that
time I stated that on account of pressing official duties
I had been unable to prepare a few other bills covering
every recommendation I made. I prepared these seven
bills as fast as I could, with the limited time I had to
work, and they covered the principal recommendations.

Since then I have prepared three additional bills,
which Ml*. Murlin will hand you, covering the matters
in the message which I did not cover in the seven bills.
These three bills provide :

1. For the incorporation of exchanges.

2. To prevent, in so far as possible, a broker from
shading in any way an order of a customer. It is rep-
resented to me that brokers frequently shade custom-
er's otders; in other words they will get an order to
buy a certain stock at a certain figure, or at the market,
and instead of buying it at that figure^ they shade it
an eighth, a quarter, or a half, and tell the customer
that was the best they could do. And they make the
difference, and that applies also to sales. Now I have
drawn this bill with a view to preventing that.

3. A bill that will prevent discriminations against
other exchanges. It is represented to me that the
New York Stock Exchange refuses to execute orders
coming from the brokers of the Consolidated Exchange.
I think that is an unjust discrimination. In my opin^
ion the New York Stock Exchange is a quasi-public

Miscellaneous 1047

institution, and any onei who has a stock or a bond to
sell, or who wants to buy a stock or bond ought to have
the right to do so, whether he is a member of the Con-
solidated Exchange or whether he is a member of
Jones, Brown and Sniith. And why they deliberately
discriminate against the members of these other ex-
changes is beyond my ken. And I have drawn this bill
with a view of preventing that.

These three additional bills, making ten bills alto-
gether, substantially cover every recommendation I
make in that message. The bills will be referred to
the appropriate committees in the Legislature, and I
have asked the chairmen of those committees to hold
joint meetings or hearings, and have all the members
of the respective committees present. I think there
are four committees — two in the Senate and two in
the Assembly.

Mr. Anker. — Codes and judiciary.

The Governor. — Yes. And to notify everybody in
the State who is interested as to the day of the hear-
ing, and give it all the publicity possible, so that those
opposed to these bills can be present and oppose them;
and those that are for the bills can be present to ad-
vocate them. '

Personally I have no vanity in this constructive
legisliation. All I am trying to do is to accomplish re-
sults along the lines of reforms demanded by the
people. I was very careful in my message to the Le^s-
lature not to get committed upon mooted matters, but
submitted these mooted questions to the Legislature
for careful investigation and for their determination
after hearing both sides. And I believe both sides
ought to be heard, 'and then it is for the Legislature
to determine just what legislation it should pass to

1048 Public Papers of Govebnok Sulzek

remedy evils in the stock exchanges, and place upon
the statute books a form legislation in the interest of
the public.

Mr. Janyrin. — At, this; hearing, Governor, will there
anyone appear in behalf of the E?:eQutive f

The Governor. — I think not, ;

Mr. Janvrin. — You stand o,n your recommendation.

The Governor. — The message speaks for itself and
I am indulging the hope that the Legislature will give
heed to the recommendations of the Executive in the
mterest of the general welfare.

Mr. Paine. — Has your attention been called to the
controversy going on between the American Bank Note
Company and the New York Bank Note Company to
the effect that the Stock Exchange will not list securi-,
ties unless they are engraved by their company?

The Governor. — I have heard something about that.

Mr. Paine. — Has your attention been called officially
to this bank note controversy ? ,

The Governor.^ Yes, I have received several let-
ters from people in, New York City who complained
about it.

Mr. Paine.-^Are you going to take any action, Gov-
ernor?

The Governor. — Just what action can be taken is
a matter of some doubt. I suppose yoii would have the
right to say who would print a bond for you if you
were organizing a company or issuing bonds?

Mr. Paine. — Yes.

The Governor. — I have looked into the matter to
some extent and am at a loss to know how you can
legislate on that matter. If you want to have a bond
printed you certainly have a right to say who shall
do it.

Miscellaneous 1049

Mr. Fuller. — That isn't the point. Unless you have
the bond printed by a certain house the Stock Exchangfe
won't list your bond. That is the kick made there, '

The Grovernor. — I looked over their rules. ' *

Mr. Paine. — It isn't in their rules. They simply
won't list it. >

Mr. Fuller;-^ They won't list it and let it be traded
in on the exchange unless it is printed by a certain firm.

The Governor. — That is a matter we are looking
into, to see what can be done about it.

Mr. Paine.^ The result of that has been a discrim-
ination against other firms.

The GrOvernor. — If there were anything in the Con-
stitution for the rules of the Stock Exchange about it
something might 'be done. But there is nothing. I
looked over their constitution and rules and didn't
find anytliing in them. It is just a matter I suppose
of them intimating, through some official^ to the people
who 'Want to list a security, that the bonds must be en-
graved by this bank note company.

Statement. Relief for the Suffering Straphangers

Albany, N. Y., January 15, 1913

Governor Sulzer is trying to find some relief for the
suffering straphangers in New York city. This
is a subject in which the Governor has always taken
keen interest, and it appears that recently a lilitle quiet
investigation has been made for him with a view to im-
proving conditions.

" The crowding in New York subways and other
transportation lines is intolerable," said the Governor
to-dayf " and works great hardship upon many thou-

1050 Public Papers of Goveenoe Sulzer

sands of women, girls and men who .are compelled to
stand all the way to town in the morning, stand all
day at their work, and then stand all the way home
again in the evening. Not only must they stand, but
are crowded and crushed in an intolerable manner.

" If anything can be done to relieve these conditions
it goes without saying that it should be done. I am in-
formed that the capacity of all the subways, old and
new, can be greatly increased at a very small increase
of cost, affording more comfort to the people and giv-
ing both the city and the operating .companies a larger
return on the investment. The engineering plan for
doing this seems to be a simple one, and a thorough in-
vestigation of it has been urged upon the Public Serv-
ice Commission by the City Club of New York, the
People's Institute, the special transit committee sof
the Board of Estimate of which President McAneny
was chairman, and by many individual engineers of
high standing as well as by public officials and eminent
citizens. I have no doubt the Commission will make
such investigation, and if the plan proves sound and
practicable proceed to provide larger capacity on the
existing subway and in the new lines for the future.
As I understand it, investigation of just such plans for
incffeasing the facilities of the traveling public and
adding to the earnings of the city-owned lines is one
of the highest, duties of our State Public ,Servioe Com-
missions. It is not conceivable that a public service
board should fail or refuse to act in a niatter of such
great public importance.

" When he investigated transit conditions in New
York John N. Carlisle, reporting to the Governor, said
the congestion in the subway was such as no pen could
picture and no European city would tolerate. I deem

Miscellaneous 1051

it my duty to exercise what influence I may have with
the State hoards in the direction of making every effort
to find the means of relieving this situation for the
present and providing against a recurrence of it ip the
future."

Relative to Labor Troubles at Mineville, N. Y.

Governor Sulzer received and sent the following
communications relative to the labor troubles at Mine-
ville, N. Y. :

Via PoBT Henry, Mineville, N. Y., January 25, 1913

Hon. William Sulzbb, Governor, Albany, N. Y.:

A reign of terror exists in Mineville owing to the
conduct of the Witherbee, Sherman and Company's
mounted and foot police, bosses and foremen who are
breaking into the homes of the strikers and compelling
them to go to work at the point of guns. Some who
refuse are thrown into jail, some of whom are taken
from their beds and marched through the streets -With
no clothing except undershirt, drawers and stockings.
This is New York's coldest climate. In houses into
which they are denied, admission they shoot through
doors and under threat of smashing the door in gain
admission and search the rooms, even to those of the
women. Houses in which are women and babies are
riddled .with bullets and the people of the community
are iuif oi;mied that they, the company and officers, are
running the section and that the state and its power
is back of them. Owing to tjtie procrastination of th,e
labor department in other matters concerning this dis-
trict, this statement finds ready credence. One John

1052 Public Papers of Gtovbenok Stjlzeb

J. Navin, Justice of the Peace, Avho has & notorious
reputation as a grafter in office, is active on the, streets
in this violence and has even urged murder. This
morning he and several officers followed a man who
had committed no offense shooting at him and Navin
kept shouting ' ' Kill him, drop him. ' ' One Kelly, a
recently released lunatic from the asylum, is commis-
sioned as an offic^ and armed, with gun and club, is
given full play in exercising his proclivities^ and finds
it rare sport to fell innocent and unarmed men with
his weapons. Can we expect help in maintaining law
here?

JOS. p. CAl^INON,

Union Organizer

The Governor caused a copy of the above telegram
to he seiit to W. A. Knowlton, sheriff of Essex county,
at Elizabethtown, N. Y., and added the following:

I direct you to maintain law and order in your
county, and to carefully investigate these charges and
reppi^t your findings to me., Anything I can do to aid
you in. performing your duties and maintaining law
and order will he done.

.Telegkam in Reply to Joseph D. Cannon

Albany, N. Y:, January 25, 1913

Joseph D. Cannon, Union Org amizeri Mineville; N'. Y.:
By way of Port Henry. i

Your telegram regarding troubles at Mineville just
received. I have telegraphed sheriff, sending him a
copy of your telegram and directing him to maintain
law and order, investigate the charges and repei*t his
findings and conclusions. Have also taken the matter
up with the proper State officials.

(Signed) WM. SULZEB

MlSCEB/LAKEOUS 1053

Tblegeam to Labok Commissioner John Williams

January '25, 1913
Hon. John Williams, Commissioner of Labor, Albany,

, '^- ^•■- ■ ' , ^ ' ,

Sib. — Enclosed I send you Qopies of telegrams and
letters concerning the trouble at Mineville, Essex
cbunty, N. Y. " " ''■' '" ''■'■'' "■"" ' ' ' '

I direct you to do all in ydiir power in these matters,
and advise me promptly. ' '

Very, truly yours,
' (Signed) WM. StJLZEE

Sheriff Knowlton telegraphed the Governor as
follows : .

Mineville, N., Y., January 28, 1913

Hon. William Suczbe, Albany; '-N: Y.: '

In my telegram, of Sunday I advised ydtl that from
my personal observation the statements alleging in-
timidation and coercion by deputies contained in tele-
gram of' Cannon, labor organiizei-, were absolutely
false. I have made a rigid investigation of such
charges made to me by thie labor union, and find no
foundation in fact therefor. • i^ffidavits presented to
me by the union in some instances are repudiated as
false and forgeries, by the affiants named therein. I
have the situation, under perfect' control. This morn-
ing out of a total of 1,169 employees, 824 are working.
Many of the remaining number havft left town. The
only acts of intimidation brought to my attention have
been committed by strikers attempting to forcibly turn
back laborers going to work. Further developments
will; be promptly reported.

Sheriff of Essex County,

By CHARLES L. POOL,

Under-Sheriff

1054 Public Papbbs op Govebnoe Sulzeb

LeTTEE PEOM VAliENTINE TaYLOE, GOXTNSBL, TO THE

GroyEENOE, TO Sheeiff Knowlton

January 30, 1913

Hon. William Knowlton, Sheriff Essex County,
ElisabetJitown,N. Y.:

Deae Sib. — Governor Sulzer directs me to acknowl-
edge the receipt of your telegram concerning the
alleged disturbances at Mineville, N. Y.

From your communication the Governor feels satis-
fied that you are perfectly able, as sheriff, to properly
control the situation and preserve peace and order and
protect the rights and property of the citizen^. ■

Relying on your assurances, the Governor will not
take any direct action in the matter unless you further
advise him that the enforcement of the laws and the
preseryi^tion of the lives and property of the citizens
require executive action.

The Governor desires you to keep him informed of
your actions in the ruatter and the exact status of
affairs. ; j ; ,

Very respect^fuUy,

VALENTINE TAYLOE,

Counsel to the Governor

Lettee feom Jos. D. Cannon, RepeeseiJtative of the
Amebioan Fedeeation of Labob

Minevelle, N. Y., January 28, 1913

Hon. Wm, Sulzeb, Governor, Albany, N. Y.:

Deae Sib. — I wish to thank you for the prompt man-
ner in which you acted on my telegram to you on last
Saturday concerning the trouble at Mineville, and
while some good has come from your action, the abuses
have not ended by any means, as men are still being

Miscellaneous 1055

knocked down by the Witherbee, Sherman & Co.'s
police, mounted and foot, aijd people are still threat-
ened with eviction if they do not at once go to work,
and last week, three-day notices were served on, most
of the renters in "Witherbee, regardless of the fact that
their rent was paid until the first of February. After
men are beaten by the police they are thrown intp jail,
instead of getting the necessary medical attendance,
and pregnant women have had guns, in the hands of
officers, thrust against their bellies and told that they
must make their husbands go to work.

As to the investigation which you ordered the sheriff
to make, the conclusions which will be sent to you, it
can be safely said, will not be an impartial document,
as you will see by the following :

On Sunday morning. President Geo. Waldron of the
local union was notifieid that the sheriff wished to see
him, and an appointment was made at which Mr.
Waldron and myself met Deputy Sheriff Poole, and
one Fitzgerald, also a deputy, and a further confer-
ence was arranged for the following day. I learned
later that this Fitzgerald was formerly a constable
here, and had been dismissed on account of his graft-
ing in office, and also that the Labor Department of
the State af New York had put iis stamp of disap-
proval upon him, and that it was through it that he
was ousted, but now he is brought back and given full
police power in a community where the people thought
they were freed from his oppressiens, and further hon-
ored by being selected to be an investigator, carrying
out the commands of the Governor of the State. I do
not know why he was selected, but it is the impression
here that it was to show the contempt the Witherbee,
Sherman and Co. feel for the State institutions. Mr.
Waldron sent word through Deputy Sheriff Poole that

1056 Public Papers op GtOYebnoe Sulzeb

he would not meet with Fitzgerald, and when he came
to keep the appointment oh Monday morning, he
brought with him a man whom he introduced as Mr.
Owens, ' ' my attorney. ' ' I showed them some of the
affidavits which we had, to ptove the charges made in
my telegram, and gave Mr. Owens copies of thena,
which he took with him. Later, I learned that Mr.
Owens is one of the attorneys for the Witherbee, Sher-
man and Company, and what they please to call an in-
vestigation is being conducted there, by Mr. Owens,
and the people who made the afifjjjiavits are being
brought there, and given no chance to have counsel to
protect their interests, but surrounded by company
lawyers, managers and deputy sheriffs and detectives,
have no chance to get any trace of justice, and not one
of us interested in the case have had a chance to be
heard, outside of giving the evidence gotten by us to
the Witherbee, Sherman and Co., under the inapression
that the honor of the State of New York would not
thus be trampled under fodt.

I do not blame you for these things, as I do not be-
lieve that you are a party to them, but I hopeyouwill
take some action to place the matter in the position
which it' deserves,
i Very respectfully yours,

JOS. D. CANNON

Letteb fbom Valentine Taylob, Counsel to the
GrOVEENo::^ to Joseph D,, Cannon

Albany, N. Y., January 30, 1913

Joseph D. Can^non, Esq., Mineville, N. T.:

Dear Sie. — Your letter of January 28thj addressed
to Governor Sulzer, has been handed to, me for
attention.

MlSCBLLANBOUS 1057

Governor Smlzer directs me to advise you that he
has received information from the sheriff of Essex
county that he is giving: careful attention to the matter
and deems himself able to maintain law and ordetf- and
protect the property and persons of the citizens.

The Governor requests that you act very carefully
in the premises so as not to incite trouble and expects
you to give every possible assistance in your power to
aid the law officers of the county in preserving peace
and order.

Very respeotfttUy,

VALENTINE TAYLOE,

Counsel to the Oo^oernor

Letter b^om the Hon. John Williams, Commissioner

OP Labor

Statu of New York — Department oe La30»

Albany, N. Y., Fehntary 1, 1&13

Hon. i/ViLLiAM Sttlz-er, Governor, Executive Chamber,
Albany,}^. Y.:

Pea? Sie. — I beg to transmit herewjtli in duplicate
report of Mr. P. J. Downey of this l)epa^tment, cover-
ing his investigation of .CQliditions in aijd about Mine-
ville, N. y. Mr. Downey was sent tbere pursuant to
your communication of Januaj'j 25, 1913, directing an
investigation of the allegations contained in a tele-
gram addressed to Your Exqellency by Mr. Joseph D.
Cannon, Union Organiser .of t)ie Western Eeder^tion
of Miners. . •

I feel it is but fair and proper for me to say, that

Mr. Downey is a trade ,unionist of long standing and

natiQnal reputation. Tb^ref pre it may be ^ssum^d

that his natui'al leaning would be toward, the strikers.

34 '

1058 Public Papers of Goveenoe Stjlzeh

At any rate, he would undoubtedly give to them the
benefit of any doubt regardingmatters in dispute. .
EespectfuUy submitted,
JOHN WILLIAMS,

Commissioner of Labor

Mr. Downey, in his report on the dispute between
the Witherbee Sherman Company and the Port Henry
Iron Ore Company and their employees at Mineville
said that on January 27th he held a conference at Mine-
ville with Joseph D. Cannon, organizer of the Western
Federation of Miners, Joseph Tylkoff, organizer of the
American Federation of Labor and George Waldron,
president and James Young, treasurer of the local
union of miners. They stated tha,t jijae cause of the
strike was the demands made upon the companies for
an eight-hour day, recognition of the union, reinstate-
ment of all men discriminated against, restoration of
wages to engineers, firemen and brakemen as before
January 1st aiid an eight-hour day for engineers, fir|q-
men and brakemen. They also stated that a reign of
terror existed, that men were driven from their homes
to the mines at the point of guns, by the foremen and
deputy sheriffs employed by the companies and that in
many cases when the men refused to go to work their
homes were riddled with bullets and their members
were beaten up by the deputies and put in jail without
any provocation on their part.

Mr. Downey also says he also conferred with George
Foate, president and Mr. Le Fevfe, general manager
of the Witherbee-Sherman Company, who stated that
on January 2d they posted a notice of an increase of
ten cents a day in wages. They further stated that
the eight-hour day adopted by the company was agreed
to at a conference held previously between Messrs.

MiscELLANEorrs 1059

Waldron, Wykes and Young and the representatives
of the company and that they would continue to oper-
ate their mines on the schedule posted on January 2d.
Continuing his letter Mr. Downey said : «

' ' The company would not recognize the union nor be
a collection agency for the, members' dues, and under
no cirpumstances would they re-employ Waldron or
Wykes and that the reason for th«ir discharge was not
on account of th,eir activity in union affairs, but for
disloyalty to the company and their share in the pub-
lication of malicious, scandalous and libelous state-
ments that appeared in the public press, and for those
reasons and those only. The company would continue
to. meet committees of their employees at any time to
adjust any grievances they might have, and. there
would be no discrimination against any man for his
membership in the union. , They also stated that no
forcible means were, employed by them to have those
on strike return, that many of the men. wished to re-
turn to work if they were guaranteed protection, and
that in the morning the foremen accompanied with
deputy sheriffs, went to the homes of the men and
asked them if they were willing to go to work, saying
that they would be given protection, but in no instance
was any man forced against his willj; and that in so far
as they were concerned the strike was a thing of the
past as shown by the following taken from the pay-
roll:

Witherbee, Sherman & Co. :

Total number at work January 22. , . . . 923

Total number at work January 23 528

Total number at work January 30 764

Total number paid off from January 22 to Janu-
ary 30 (men who wished to leave) 66

1060 Public Papebs of Gtovehnob Sulzeb

Port Henry Iron Ore Co.:

Total number at work January 22 193

Total number at work January 23 89

Total number; at- work. Janiuary 30 176

Total number paid ofiE,, -;. . 11

' ' I bave made a personal investigation accom-
panied by Albert Belisser of tbe Bureau of Industries
and Immigration who acfted as interpreter. The
charges made by the representative of the union wel-e
much exagg'erated. Frbm the twenty houses visited
by me and from interviews with both men and women
I was unable to find one case where men were forced
to go to work at the point of a gun. I also visited
the locality where' the trouble originated on the 25th
and the houses supposed to be riddled with bullets,
but I was unable to see aiiy evidence io substantiate
that fact nor cottld I find any houses riddled with
bttllets nor where the doors of any houses were
broken, and this in the locality where all the trouble
occurred on the morning of the 25th, which is known
a3 the back road.

" Mr. Downey added tMt he was informed in two
instances that the deputies went into the homes of
the strikers with guns in bath cases and searched the
houses for concealed weapons. He added: ' Condi-
tions around the mines are very peaceful and' qiii«t.
The strikers meet every day at three o'clock and
after the adjournment of their meeting they parade
around the mines. They are not interfered with in
any manner. I am firmly convinced, that the bone
of contention at Mineville is the recognition of the
union, but the company seems to be determined not
to yield that point. There are a great many caikflict-
img stories in circulation. Affidavits, made by the
strikers to the union officials had been repudiated by
the same persons to the company's officials.' "

MiSCELLANEOXTS 1061

Control of Water Power in Niagara River

Letter to Hojst. Heney p. FijOOD, Ohaibman, Commit-
tee ON FoEEiGN Affairs, Protesting Asainst
Principle of Bill Pending in Congress

Albany, January 14, 1913
Hon. Henry D. Flood, Chairman Committee on For-
eign Affairs, Washington, D. C:
I am informed tliat tHe subcommittee has reported
a bill wMch practically takes from the State of New
York the control of water power in Niagara river.
I protest against the principle of iMs bill, asserting
ownership on behalf of this; States to the water power
covered by the bDl, and ask that the State he not only
permitted to fix the rates by the Public Service Com-
mission but also be permitted to control the develop-
ment and distribution of power, suJDJect to Federal
control oilly for purposes of naviga4;ion, and urging the
committee to give New York State a hearing on the
bill.

(Signed) WM. SULZER,
Governor of the State of New York

Letter from Attobney-Gtenebal Thomas Caemody to
Hon. Heney D. Flood, Chairman Committee on
Foreign Affairs, Eeqtjesting a Hearing Ujpon
THE Niagara Power Bill

January 14, 1913

Hon. Hbney D. Flood, Chairman Committee on For-
eign Afftiirs, Washington, D. C:
As Attorney-General of the State of New York, I
ask to be heard upon the Niagara Power Bill with a
view of urging the committee to give control of the

1062 Public Papers of GtOveknob Sulzek

water power of Niagara river to the State of New
York instead of retaining it in the Federal Govern-
ment, and to permit the State, to regulate the distribu-
tion and fix the rates. A hearing any time during the
week of the twentieth will be convenient.

(Signed) THOMAS CARMODY,

Attorney-General

GOVEENOK SULZEE UkGES DfiFEAT OF BiLL PENDING IN

iCoNGEEss Giving Fbdeeal Control Ovek Niagaea
Watee Powee

Albany, N. Y., February 18, 1913

On February 17, 1913, Governor Sulzer caused to be
sent to every member of the Sixty-second Congress, a
copy of the opinion of Attorney-General Carmody
printed in pamphlet form on " Federal Regulation of
Water Power within New York State, ' ' which opinion
was recently submitted by the Attorney-General to
the foreign relations committee, together with the fol-
lowing letter :

State of New Yoek — Executive Chambee

Albany, February 17, 1913

Deae Sie. — As a member of Congress, we ask you
to oppose the passage of a proposed bill reported to
Congress by the committee on foreign affairs in rela-
tion to the control and regMation of the waters of
Niagara river. The grounds of our objection are as
follows :

By the treaty between the United States and, Great
Britain, proclaimed May 13, 1910, the Un.ited States
was authorized to permit the, , diyersipn within the
State of New York of the waters of the Niagara river

Miscellaneous 1063

above the Falls of Niagara, not exeeeding in the ag-
gregate the daily diversion at the rate of 20,000 cubic
feet per second. The proposed bill to which we object,
in effect, gives the Secretary of War the power ■*-

(1) To issue revocable permits for the diversion of
such water to the extent of a daily aggregate of 15,600
cubic feet per second.

(2) To determine the persons to whom, and the pur-
poses for which such permits may be granted.

We concede that Congress may empower the Secre-
tary of War to permit the diversion of such water
within the limitations fixed by the treaty, but we deny
that Congress has the right to clothe the Secretary of
War with power to determine the persons to whom,
and the purposes for which^ such permits may be
granted. We maintain that it is Well settled by law
that the title to the land under the water of the Ni-
agara river, to the boundary line, is held by the State
of New York fsor the use of its people. This carries
with it the right to regulate the use of the water, sub-
ject only to the paramount right of the Federal Gov-
ernment to control the same for the purposes of navi-
gation and' national defense, therefore, the State of
New York should itself designate the beneficiaries of
these water power privileges, and should control the
use and operation thereof so that the people of this
State may enjoy the fruits of its own natural resources.

This proposed act of Congress is no technical usurpa-
tion of Federal power; it is a plain case of an attempt
to take away the property rights of the State of New
York. The Federal G-overnment in the exercise of
its rights over navigation has by the treaty deter-
mined the amount of water which may be diverted on
the New York side, above the Falls of Niagara, with-

1064 Public Papebs of G-ovbenoe Stjlzeb

out interfering with navigation. In other words, it
has determined what surplus water belongs to the State
of New York for power development, or otherwise.
The pr exposed biU piermits th^e Secretary of War to
grant this samie property away from the. State of New
York, to suefe person as he may determine, subject
only to certain limitations or restrictions; contained in
the bill.

In addition to the fact that this act violates the fun-
damental rights of New York, it is objectionable upon
other graunds. It gives the State no voice in choosing
the grantees of the power privileges, or in fixing com-
pensation therefor. It lets other stateg share in -water
powers coming from, and belonging to, New York
alone. It enables ihs; Federal Grovermnent, without
liindrance from the New York authorities, to per-
petuate the water power combination or m.onopoly at
the faljs, and tends to impede any State-wide plan
of "State development or operation of a hydro-electric
system for the benefit of our peaple. ., .

The Grovernor of the State of New York, the Attar-
ney-Greneral and the Conservation Commission, which
has jurisdiction over the waters of the State, call upon
you ^to oppose this measure, or any modification thereof
which does not fully recognize the rights of this State,
in order that New York may itself develop, control
and regulate its water powers to provide cheaper light
and power for its citizens.

WM. SULZER,

Governor

THOMAS CARMODY,

Atto rney-General

GEORGE E. VAN KENNEN,
Chairman, State Conservation Commission

Miscellaneous 1065

Relatiye to Contamination by Flood of Albany Drinking

Water

[Telegram]

: Albany, :N. Y., March 29, 1913

Hon. lEuGBNE H. PoRTEE, State Commissioner of
Health, <

, • . Gare of Gurus Porter, Ghent, Goiitmbia County,

At tlie request of citizens of Albany I have sent the
following telegram to George Foster Peabody,- chair-
man of the 8tsite. Eeservation at Saratoga Springs :
" I am ad-vised i^at the Albany drinking wa;^r h^
been aontaniihated by, the flood'. The people are anx-
ious to ^et drinking water from Saratoga if it can be
furnished. Let me -kaow just' What you c4n db in
connection with this matter, as I deem it '<^ef y import-
ant,to the heg,lth of the people of the city of Aibahy."

Ho]^e yoii will take the matter up immediatei^r and
render such aid as you. ckn'to the people of Albany
so that" they will be able to get pure drinking water
and thti's prevent an, epidemic of typhoid f6yer. Keep
me advised.

., , , WM. SULZER

[Telegram]

■'' ''■''■'" ALBA:NY,iran;a' 2^, i913

Hon. GrfiORGiE Fb'sTER Peabody, State Reservation, Sar-
atoga' Springs, )N. Y.V . , , ' "• \ , . . > , •. ■ ;\
, Lam advi(§^di'tli^t,|JiJQ,A4hany drlnkjng ^s^a^er ,h^s
been contaminated by the flood. The people. ar@ anx-
ious .to get drinking .water from Saratoga Jf it .can
be burnished. Let me know' jusi' what you can do in

1066 Public Papers of Goveknok Sulzeb

connection with this matter, as I deem it very import-
ant to the health of the people of the city of Albany.

WM. SULZBR

[Telegram]

Hudson, N. Y., March 29, 1913

Hon. Wm. Sulzeb, Governor, New York State, Albany,
N. Y.:

Your telegram received and I assure you that it
will receive my immediate and active consideration^

EUGENE H. POBTEE

New Yosk, N. Y., March 29, 1913

Hon. William Sulzeb, Governor, Albany, N. Y.:

I find your telegram repeated on my arrival in New
York. The State has. taken only mineral waters and
my knowledge is that the village has only a moderate
drainage for its fresh water supply but I fancy if
transportation could be arranged with Great Bear
Spring Co. at Fulton which has its own tank cars the
village could supply a fair supply of drinking water.
Sorry I am not there but I suggest you call up Presi-
dent McNulty on 'phone, he will do everything possible
I am sure.

GEORGE FOSTER PEABODY

New York State Department of Health, Albany

March 29, 1913

Eugene H. Porter, M. D., Commissioner

Hon. William Sulzeb, Executive Chamber, Alb-any,
NY.:

Dear Sib. — At the request of Commissioner Porter
I beg to acknowledge the receipt of ybiir letter of

Miscellaneous 1 067

March. 29, 1913, with reference to the i present contam-
inated condition of the Albany city water and the prac-
ticability of furnishing the citizens with a temporar j^
supply of drinking water of safe quality.

As publicly announced by Mr. Wallace Greenalch,
■Commissioner of Public Works of this city, th.e pollu-
tion of the city water supply was caused by the Over-
flowing of the embankments surrounding the filter
plant and the entrance of Hudson raw river into the
clear water basing, thus making it necessary to pump
tbe raw water directly into the city mains and inci-
dentally into the distributing reservoirs. The river
water overtopped the filter embankments early Friday
morning and since that time raw Hudson river water
has, of necessity, been sent into the distributing mains
and supplied to the residents of the city.
. I believe it is important to explain or point out' first
tbe true scientific significance of the condition of the
city water at this time. It has two objectionable quali-
ties: one a high turbidity, popularly spoken of as
roilyness, which gives to it an objectionable appear-
ance, but which in itself has no direct prejudicial effect
upon health; the other a sewage contamination, the
presence of whicb is not distinguishable to the eye, but
the effect of which owing to possible presence of dis-
ease germs is a direct menace and possible danger to
health. The first is purely an aesthetic characteristic,
affecting appearance and attractiveness, but not affect-
ing health.'; the second is a sanitary characteristic,
usually invisible, but affecting seriously the public
health.

It is this careful discrimination which is essential
for those who are entrusted with these important ques-
tions.to bear in mind, and in tbe present situation it is
worthy to point out that precautionary measures have

1068 Public Papbks of G-oveenok Stjlzer

already been taken by both the State and city. The
State Commissioner of Health has already issued a
warrant to ail of the authorities of the State having
control of water supplies to use every possible means
to safeguard these supplies againsit infection and to
warn the public of the safe precaution to boil all water
used for drinking. The Commissioner of Public
Works of Albany has also simultaneously given his
warning to the people of Albany before the filter plant
even went out of service, to boil ail water used for
drinking.

There can be absolutely no doubt about the efficacy
of boiling to produce a safe water from the health point
of vi«w, provided the period of boiling is continued at
least fifteen minutes. Boiling, however, will not im-
prove to any appreciable extent the ;appearanee of the
water, which, however, is not essential, even though
desirable if it can be simply accomplished.

Unfortunately it is not a simple matter to satisfac-
torily treat lon a small individual scale a water which
is roily to remove the turbidity. It is possible, how-
ever, and is actually done in some parts of the west
where excessively turbid waiters, much more so than
the Hudson river water, is often the rule. It is ac-
complished by adding a small amount of alum to th«
water and allowing it to stand and settle over night.
The alum forms what is known as coagulant,' which en-
trains the suspended matter and causes it to precipi-
tate. The amount of alum required mil Vary, but with
the present conditions of the water should be added in
about the proportion of one ounce to one barrel of
water holding fifty gallons.

At the time of this writing (Saturday noon) I am
advised by Commissioner Greenalch that the river has
subsided below the top of tlie embankments surround-

MlBCELLABTBOUS 1069

im^ the plant and that no more raw water is being
piamped into the distribnting system. Furtkermore
tliG filters were in: -operation, although it will probably
be some few days before they would be working with
their normal higli efficiency.

It is very important to point out, if not warn, the
public, that altKough the filter plant will be in normal
working condition within a few days, the danger of
drinking the water without boiling it will remain for
possibly one or two wo«ks, or even longer. This is a
result <yt the-poilution still remaining in the reservoirs,
where the water will settle, become comparatively
clear, temt wiih a mistaken Jappeaxance of security, will
not be bacterially safe. It will consequ'ently be only a
few days 'before the present roilyness and nnattractive
appearance of the water will largely disappear, but
it will be much longer than this before' it will entirely
disappear or before the water is safe to drink.

Tho people of Albany should, therefore, con'fin'nk^ to
boil all iMiter for Srinhing purposes unt<il further no-
tice by the Commissioner ©f Public Works that it is
safe to drink without boiling. If this warning is not
strictly Jheed«d slackness, if not an epidemic, from
typhoid fever, is almost sure to follow.

Suggestions have been made of transporting into
the city for drinking purposes water either from
outlying springs, possibly from the State Eeserva-
tion Commission at Saratoga Springs. This sugges-
tion ©f importing and distributing drinking water on
a large scale and on short notice does not seem prac-
ticable; especially under present conditions. To trans-
port by teams or rail to the city so large an amount of
water as would be required for this purpose, and to
transfer and distribute it to the citizens 'throughout
the city would be so difficult and time-consuming that

1070 Public Papers of Gtovebnoe Sulzeb

before the benefits could be realized the present diffi-
culty, with the city water would have largely passed
away. Furthermore it would not, save for the lesser
question of appearance of water, provide as safe a
water as that accomplished by boiling. For this rea-
son I do not think that practical relief can be looked
for along those lines, and furthermore "unless extreme
care is not exercised in securing these outside waters
from sources of unquestioned purity, I foresee an
actual danger. If there are any in the city who de-
mand in addition to sanitary requirements, a water of
attractive appearance, I believe it can be fairly well
secured in a crude way by the use of alum in the man-
ner above prescribed.

I feel that the most important point in connection
with the present situation is that the people of Albany
come to an acute sense of realization of the menace
to health that has been caused by the experience of the
past few days, and that they heed and do not forget
the warning that has been given concerning the boiling
of all drinking water until they have been duly advised
that all danger has passed.

To this end, and if it meets with your approval, I
believe it would be well to give publicity to the facts
and information given above. It may serve to deepen
the sense of public realization of the true significance
of the present situation, explain the scientific reasons
for the warnings which have been given, and offer a
few simple inexpensive and practical suggestions that
are within reach of practically all the citizens of the
city for tiding over the present unfortunate and dan-
gerous situation.

Very respectfully,

(Signed) THEODORE HORTON,

Chief Engineer

Miscellaneous 1071

New Yokk State Department ' Of Health

April 12, 1913

Eugene H. Portee, M. D., Commissioner

»

Hon. William Sulzer, Governor, State of New York,
Albany, N. ¥.:

Dear Sir.^ Referring again to the recent contami-
nation of the water supply of the city of Albany con-
cerning which you have directed us to keep you in-
formed, I beg to advise that the situation now seems
to be cleared up.

Daily analyses have been made by our State Hygi-
enic Laboratory of the water from the filterer plant,
from the distributing reservoirs and from various
points of the distribution system for the past two weeks
and for the past few days practically no traces of the
recent contamination have been found in any parts of
the water supply system of the city. Notwithstanding,
however, this disappearance of contamination from
the water supply system I have not considered it wise
until now to discontinue the warning to the people of
the city to boil all water for drinking purposes. The
incubation period for typhoid fever is from ten days
to two weeks, and I have considered it much safer for
the people of the city to continue boiling' the water
untU the full period of incubation had elapsed and a
definite test through any occurrence of typhoid fever
could be had in addition to the laboratory analyses of
the water supply.

I have this morning been advised by the City Health
Officer, Dr. J. D. Craig, that no cases of typhoid fever
above the normal have developed in the city since the
flood, thus indicating that the precautionary measures
against typhoid fever infection have been effective.

1072 Public Papers of G-overnok Sxjlzeb

In view of tMs information and the fact that our labor-
atory ^ analyisess show that the contamination of the
supply has entirely disappeared fr/Sj-m the system I be-
lieve it is now safe for the citizens io discontinue boil-
ing of the water for drinking or other purposes and 1
am, therefore, advising Commissioner Green-alch of
thfi I Department of Public Works .o£,the city to, this

effect. ,^,'1 / ' 1; ;., ■;:.., •:■;,/■ • ,': ,r...

Since there is every indiRation that the water situa-
tion in the city ih«ta; entirely cleared up I shall assume,
unless otherwise directed by you, that you do not wish
tp.rfceiveiferth'pr advices in the matter.
' ,.. "Very r«spectfully, , ,;

( Signed) THEOIJQflE HOETON, ,

>, , . , ! QhiVif Engineer

^EW XoB-i^ State Depaetmbnt o^, Health, Albany
.■■■''■. .- April 2S, 1913

EiiGfesfE H. PoRTEE, M. D., ■Ob:^-M3i^O]srEE

■ ' ■ , '■ - r\H--. •- •■ :■

Hon. William, Bvi^bb, (governor, ^.tgify of N^ia). York,

i]xeQU:tj,ve Chofn^per, Capitol, Albany, N. Y.: ,
Deae Sie. — L find it necessary ,tj9 sigain xef er to the
water supp^ly I situation i)i Albany .foi^ the reason, that I
kave,iuist learii^^d di^fimtely that a.nju^b^ qf, .cases, of
typhoid fever have b6eH<;r€,pprjt^d to the Oity Health
Departmeiat within, the past two days, .-aind .that I. be-
lieve, these cases to be traceabl|&i tp i%e recent eoaitajni:
nation of the city water. . i ,

Ouilirst learning that ithe^^. cases 1^ beep reported
to the City,H)e«Jth Department, I &\ onee took the mat-
ter up wi til, that departmiefli- , ^hfi, oity.iO^.Aljbany as
you know is, now exempt fr^m ';th,e provision, , of the
Public Health Law, requiring the reporting of cases

Miscellaneous *^1 >i-!'! ' 1073

of communicable diseases to the State Department of
Health, but upon special request of the health officer I
have been able to secure in part certain detailed in-
f ormatioii concerning the- ease's which apparently it is
not the custom of the physicians of the city to report
promptly, nor of the City Department of Health, to
investigate independently. The health officer Mhas,
however, very promptly agreed to co-operate with me
in securing the information I desire, and through him
I have learned that there have actually occurred in the
city during the month up to this date some eighteen or
twenty cases of typhoid fever."' Seven of these cases
only were reported to the City Health Department up
to April 22d, and in all probability our present efforts
in this -direetioli will reveal additional cases. 'K'M
^'*^ Although some of the cases so far reported are ap-
parently traceable to oth-er eawses than the city water
supply, I feel very confident, and the information at
present available strongly supports it, that the large
majority of them are traeeabfe directly to infection by
the city water received between March 28th to April
5th, the period during and ifflthediately following the
flooding of the filtration plant. "'*"" -"'"' '^^ t^^ ""

The' occurrence of most of these 'cases concerning
which information is available lies between the dates
April 12tli and 17th, and, dating back two weeks from
this to allow for incubation would bring the time of
infection during the week following the flooding of the
filtration plant. It was during this period when the
entire si:q)ply, including the^water in Prospect Reser-
vpiar, was contaminated, and yoii will recall from my
former reports that it was not until about April 10th
that our series of daily laboratory analyses showed

1074 Public Papekb ok Govehjcoe Sulzek

that the contamination had disappeared from the en-
tire system.

While it is therefore too early to make any predic-
tion as to the number of cases that may yet develop,
the best information at this time, obtained from a study
of the cases would indicate that the typhoid cases now
being reported are cases which received infection at
the time of, or immediately following, the inundation
of the filtration plant by the floods of March 2'8th and
29th, and that this infection, was due to the negligence
of those who drank the city water without boiling it,
in utter disregard of the warning given by the authori-
ties in charge.

That no greater number of cases have thus far been
reported is fortunate in view of the serious nature of
the contamination which the water supply received
and can only be accounted for by the unusual intelli-
gence displayed generally by the public and to the
special prei&autipn&, and corrective measures taken by
the authorities in dealing with the situation. It is per-
haps incidentally noteworthy to mention that the steri-
lization of Prospect Reservoir with hypochlorite of
lime is, so far as I know, the first case on record where
an attempt has been made to sterilize a large body of
water in an open basin by this chemical, and further-
more, laboratory analyses show that the sterilization
was practically complete. The only unfortunate cir-
cumstances in this connection are that the piping and
valve arrangements at Prospect Reservoir were not
such as to permit this reservoir to have been entirely
cut out of service and that the storage and distribution
system were not such that the Hudson river supply
might have been excluded entirely for a few days and
storage used exclusively until the floods receded.

Miscellaneous 1075

Although as stated above it is too early to predict
the number of cases of typhoid fever that may yet
occur in the city, present information would indicate
that the maximum has already been reached and that a
gradual disappearance of cases would be expected
from now on. I do not consider the situation at all
alarming at this time, nor unless considerable morer
cases develop, for the reason that the cases reported
so far^ this month represent only about double the nor-
mal typhoid rate for Albany for this short period of a
month, and at this season of the year; and less than
one-half the average rate which Niagara Falls has,
until recently, regularly had throughout a decade.

I beg to assure you that the strictest oversight will
be kept of the situation and, unless I hear from you to
the contrary, it is my purpose to keep you advised as
to any important or significant change in it.
Yours very respectfully,

(Signed) THEODOEE HOETON,

Chief Engineer

New York State Depaetment of Health

Albany, April 28, 1913

Hon. "William Stjlzer, Governor, State of New York,

Executive , Chamber, Capitol, Albany, N. Y.:
Dear Sir. — In accordance with your request to keep

you advised as to situation in Albany, with refere;nce

to water supply and typhoid fever, I have the honor

to again report to you.

Since my advices of April 23d when I found out

that typhoid fever had developed in the city as a

1076 Public Papers of GtOveefoe Sulzeb

result of the contamination of the water supply caused
by a flooding of the filtration plant, there have devel-
oped in the city additional cases which bring the total
number not far from one hundred. As pointed out in
my last report the incidence of the disease reached a
maximum on or about April 15th and since that date
has been diminishing. The additional (^ses which
have .been reported I have closely followed up through
the city health department, and according to the
best information available I find that the date of
April 15th still remains the date on which the maxi-
mum of incidence occurred.

The accompanying chart or diagram which I have
prepared will illustrate perhaps more strikingly than
I can describe the history of extent of this recent out-
break of typhoid fever and its intimate causal relation
to the recent contamination of the city water.

On the diagram have been plotted two curves or
profiles ; one showwg the rise and fall of the Hudson
river covering the period of the recent flood ; the other,
the number of cases of typhoid which have developed
in the city up to April 27th so plotted as to correspond
with the dates of onset of the disease. On the dia-
gram also appear a number of explanatory notes re-
lating to Walter supply and typhoid fever arranged
chronologically as to show directly the relation be-
tween the two as to cause and effect. Thus the notes,
read vertically, on the diagram explain important
facts with reference to the flooding of the filter plant,
notice to boil water, sterilizaltion of Prospect reser-
voir and the clearing up of all traces -of pollution of
the water snpply system; whereas at the top of the
diagram the notes, read horizontally, explain liie rela-

MlSCEl,LANEOUS 1077

tion between the incubation period, the period of in-
fection of the supply and the period of outbreak of
typhoid fever.

This chart furniehes a most striking picture of what
occurred. It will be noticed that the maximum number
of cases occurred on April 15th and 16th and that
the period of maximum prevalence covers a period
of about one week. Allowing two weeks for ' ' incu-
bation " and dating back on the diagram this period
of time from April 15th and 16th, brings us directly on
the period w'hen infection of the water supply oc-
curred. The diagram shows, therefore, at a glance the
perfect synchronous relation between the infection of
the supply and the otitbreak of cases.

I had considerable difficulty in securing the neces-
sary information to follow and study closely the situa-
tion and this difficulty is evident even from the dia-
gram which shows that the first cases reported to
the Department were not until April 21st and 22d,
whereas Tip to that time there were in progress nearly
seventy-five cases. Of course allowance must be made
for the tirae for diagnosis, but I can see no reason why
so great an allowance wonld be necessary. Further-
more complete detailed information concerning cases
are not furnished by the physicians aiid the scarcity
df assistance in the Health Department made it im-
possi*ble to secure more than the most limited data
concerning each case. The Health Officer very cour-
teously offered what assistance was possible with his
apparently limited resources.

Since the crest of the wave of typhoid fever in the
city appears to have been reached on April 15th and
16th, and since ample time has now elapsed for physi-
cians to have reported all cases which occurred at

1078 Public Papeks of Goveenok Sulzee

about that pqriod it is hardly to be expected that many
more cases will be reported. I do however expect to
see a few straggling cases due to lack of prompt re-
porting and due also to secondary infection from past
cases. There should be few of .these: latter however
if the Albany physicians realize their responsibility
in this regard.

Since the present cases of typhoid fever received
their infection immediately following the ,flood and
since the inciting cause has already, and for some
time, been removed, there seems to be little in a prac-
tical way which remains to be done or can be done
now, to relieve the situation beyond the precautionary
measures to be adopted by the physicians to prevent
the occurrence of secondary'' contact " cases. Since,
however, there has been such: an apparent delay in
reporting the cases which have had their onset around
the fifteenth of the month it is very difficult to predict
how many more cases will be reported in the future.
If the physicians, however, will do their fuU duty in
this regard and see to it that secondary cases do not
arise I do not anticipate that any considerable number
of cases whose dates of onset have occurred subse-
quent to April 20th would be expected.

Assuring you, however, of my intentipij to keep you
fully advised as to any further develppments in the
typhoid fever situation in the city, I beg to remain
Yours respectfully,

THEODORE HORTON,
Chief Engineer

Miscellaneous 1079

The Governor Offers a Reward for the Capture of James

Doran

March 30, 1913

Governor Sulzer to-day authorized the offering of
a reward of $50 for the recapture of James Doran
who escaped from the custody of an officer in the city
of Albany on March 28th while he was being trans-
ported to Great Meadow Prison to serve out the
balance of his unexpired term for violation of parole.

$50.00 BEWAKD

For information resulting in the return to prison of
James Doran, No. 107, for violation of parole and
escape from officer.

DESCBIPTION

American; home, New York City; age, 22 years;
height, 5 feet, 7Y^ inches; weight, 137 pounds; occu-
pation, shoemaker ; medium complexion ; hair, dark
chestnvit; eyes, medium azure; chin, intermediate.

SCABS

Two vaccination scars on left arm; curved scar on
first joint of left middle finger ; small scar on back of
head ; irregular scar at right elbow.

BEBTILLON MEASTJBEMENTS

70.5

18.4 plus

24.8

72.0

14.3

11.1 plus

88.4

13.1

8.6

6.1 minus

45.1 minus

CEIMINAL BECOBD

Two terms, Catholic Protectory as John Donlin,
1900, petty larceny.

1080 Public Papbbs of Gtovebnok Sulzbb

One term, New York City Reformatory, 1907, four
months, petty larceny.

One term, New York County Penitentiary, 1908, five
months, violation of parolie.

One term,. Sing Sing^ 1909, two to five years, gnand
larceny, second degree; transferred to Great Meadow
Prison, May 10, 1911;, paroled October 80j 1911; while
an. parole convicted; of larceny and sentenced to serve
one year in New York County Penitentiary ;trdlea&ed
March 27, 1913, to custody of parole officer for return
to prison; slipped his handcuffs and escaped from
officer at Union Station, Albany,' March 28, 1913.

If found, kindly hold and advise Owen 1j. Potter,
Govei-nor'Ss Eepresentative in 'Charge of the Office of
Superintendent of State Prisons, Albany, N. Y.

In Relation to the Strike of Employees of the Interna-
lional Company at Auburn, N. Y.

[Telegeam: FEoii C. B. Thompson; of CENTEAii' Labqe

Union]
AtfBtrHlT, N. Y., April 4, 1913

Wm. Stjlzee, Govirnb^' of New Yo^Jc State, Albany,
N. Y.: '■' ■ ■■' -" ' ■• ' ■ '' ' '■' ''''

Deae Sie. — We tbe members of the Central Labdr
Union of this -city representing orgauaizations of all
trades, earnestly req.uest you ;ito at onoemake an investi-
gation of thp labor situation: here and partieularly the
shooting affray of this mofrmng when four persons were
shot by the.ipoliceUji.We bejieve the action was totally
unjustified and calls for full investigation, respect-
fully ask you to instruct the Attorney-General to take
action on this immediately. ' ,>i'- > •; '

C. B. THOMPSON,

4 Lisette Street

MlSCBLLiANEOUS 1081

[TeLEGEAM of GrOVEBNOE SuLZEE IN RePLy]

Albany, N. Y., April 5, 1913
Mr. C. B. Thompson, 4 Lizette Street, Auburn, N. Y. :
Your telegram redeived. Have conferred with the
Attorney-General regarding your allegations. He is
sending a Deputy Attorney-General at once to Auburn
to make an investigation and report to me. Have noti-
fied the Sheriff to ;fiirther advise nie.

WM. SULZER

[Telegeam to Gboege W. Banceoft, Sheriff of
Cayuga County]

Albany,. N. Y., April 5, 1913

' Hon. Geobgi! W, Banceoft, Sheriff of Cayuga County,
, jA-uhurn, N. Y. :

Just received the following telegr?im,: "Au-
burn, N. Y. Wm. Sulz^er Governor of N. Y. State,
Albany, N. Y. Dear sir: We the members of the
Central Labor Union of this city representing or-
ganizations of all trades earnestly request you to at
once tako an investigation of the labor situation here
and particularly the shooting" aiffray of this morning
when four persons were shot by the police. We fbe-
lieve the aetion was .totally unjustified and calls for
full investigation. Respectfully ask you to instruct
the Attorney -General to take action on this immedi-
ately. C. B. Thompson." Have conferred with At-
torney-General who has sent Deputy Attorney-Gen-
eral to make investigation. Direct you to maintain
law and ordery proteet life and property, and advise
me concerning the situation and if there is anything
I can do to help you. nn-.

(Signed) WM. SULZER

1082 Public Papees of Goveenok Sulzeb

[Telegeam fbom Sheeiff Banoeoft in Reply]

AuBUEN, N. Y., April 5/13

Hon. Wm. Sulzbe, Albany, N. Y. :

Answering telegram of today I have two companies
of militia here on duty everything quiet and under con-
trol today and think I can handle the situation. I
thank you for your kind offer.

(Signed) GEORGE W. BANCROFT,

Sheriff of Cayuga County

[Lettee feom Deputy Attoeney-Genbeal James A.

Paesons]

State of New Yoek

Office of the Attoeney-Geneeal

Albany, April 9, 1913
Thomas Caemody,

Attorney-General

Hon. William Sulzee, Governor, Albany, N. Y. :

My Deae Sie. — I hereby submit to you a report of
conditions as I found them at Auburn, N. Y., upon in-
vestigation made by direction of the Attorney-General.
I went to Auburn, N. Y., on April the 5th for the
purpose of investigating the conditions in regard to
the shooting of some persons on the 4th day of April.
I found on investigation that there were about two
thousand employees of the Columbian Rope Company
and of the Twine Mill of the International Harvester
Company, located at Auburn, on a strike, about twelve
hundred from the Rope Company and about eight
hundred from the International Harvester Company.
These strikers are substantially all Italians, Poles and

Miscellaneous 1083

Hungarians, very few of whom can speak or under-
stand the English language and quite a large per-
centage of whom are women and girls.

The Eope Company employees are striking on ac-
count of the wage scale and other labor conditions;
those of the International Harvester Company largely
in sympathy with the Eope Company, they both being
affiliated with the same labor organization, known as
the textile workers.

The strike has been in progress for about three
weeks. There had been some disorder mornings and
evenings in the vicinity of the plants at about the time
of the going to work and quitting. The striking em-
ployees assembled at these times outside the plants,
but so far as I was able to ascertain there had been
no 'attempt to injure property, but consisted largely
in attempts to prevent some employees, not striking,
from going in and out of the mills and some demon-
stration against the police.

Friday morning, the 4th, there was assembled out-
side the plant of the Eope Company a number of
strikers and the police, to the number of some twenty,
were present. An employee riding a bicycle was ap-
proaching the plant and a woman striker pulled him
from his wheel. A policeman attempted to arrest her
and she resisted. Another policeman came to his as-
sistance and friends of the woman interfered and some
disorder was thereby created. It is claimed that some
stones were thrown at the police and some substance
supposed to be salt attempted to be thrown in the
faces of the officers. A sergeant of police, in com-
mand, several times warned fhe crowd to disperse
and to keep away and not interfere or attempt to

1084 Public Papers of Govesnor Sulzer

rescue the woman they were arresting, wMch ©rdfet
was not obeyed. Orders to fire were given, and so far
as known, four strikers were wounded, two slightly
and two. somewhat seriously,, but as yet none have diied.
,T interviewed the sheriff, district attorney and others
in authority and found that no formal investigation
by way of an examination of witnesses or other legal
procedure had been made or commenced.

There are two companies of the National Guard on
duty there guarding these plants and preserving order
and no disorder of any moment has occurred since the
National Gua,rd arrived. There are a great many con-
flicting stories as to , what occurred previously to ^ the
shooting and in view of s,ijch conflicting stories I, in-
sisted to the district attorney that an investigation
should be made before a magistrate, as no grand jury
is in session or will be for, some four weeks yet, to as-
certain, if possible, the facts in reference to the shoot-
ing, it seeming to me that the; circumstances required
an orderly legal investigation. This the district ^at-
torney informed me he would do and would commence
the same within the next day or so.

There is a pronounced sympathy for the striking
employees of the Rope Company so far as the wage
question is concerned but against any disorder. So
far as I was able to ascertain there was a general im-
pression that this prosperous company does not pay
its employees sufficient wages, and that a public in-
vestigation by the Labor Department or other au-
thority as to this fact and some alleged violations of
the rights of employees would result in establishing
this fact. This does not apply, however, to tlie Har-
vester Company, it having recently substantially in-
creased its minimum wage scale.

Miscellaneous 1085

The State Board of Mediation and Arbitration is
represented thpre by ISjIr. Eogers aqad Mjr, Bowney
and they are using their best efforts to bring about
an adjustment of the strike.

I will make any other or further investigation that
you may desire.

EespectfuUy submitted,

JAMES A. PAESONS,
Deputy Attorney-General

Letter jtromi Hon. William J. Bryan, Secretary of

State

Depaetmejtt op Staj^jE^ '\\Cashing']:on

April 9, 1913

The Governor of New Yortc, Albany:

Sir. — I have the honor to enclose for your consid-
eration translations of a note and its enclosures from
the Italian Ambassador at this capitol, relating to the
firing by the police of Auburn on pertain strikers of
Italian and other nationalities.

It seems to the Department that if an investigation
of the matter has not already been undertaken the au-
thorities of the State of New York will desire to in-
stitute one and in the meantime will take such meas-
ures as may be necessary and appropriate to insure
to the aliens mentioned the protection which, in the
premises, should be accorded to them.

I have the honor to be, sir,

Your obedient servant,

W. J. BEYAN

1086 Public Papers of Gtoveenoe Sulzer

GovBEiiroR Sulzek's Letter in Eeply

State of New York — Executive Chamber

Albany, April 16, 1913

Hon. William J, Bryan, Secretary of State, Wash-
ington, B.C.:

My Dear Mr. Secretary. — Your letter of the 9th
instant just received. The State authorities are doing
everything in their power to maintain law and order,
protect life and property, and restore peace and har-
mony between the employees and employers in the.
labor troubles at Auburn, N. Y.

The situation is very much improved, and we feel
confident of a speedy settlement of the troubles.

Enclosed we are sending you copies of telegrams,
etc., in connection with the matter.

With best wishes believe ine.

Very sincerely yours,

WM. SULZER

Enclosures in Mr. Bryan's Letter, prom Italian
Ambassador

[Translation]

Royal Embassy of Italy^ Washington, D. C, April
8, 1913;

No. 444, urgent.

Me. Secretary op State. — By a telegram dated the
4th instant, the original of which I have the honor to
enclose, the Italian subject Gustavo Termini, with an-
other foreign signer, invoked the assistance of this
Royal Bnibassy against the police of Auburn which,
as it seems, had fired, without provocation, on strikers
of Italian and other nationalities.

Miscellaneous 1087

I sent urgent instructions to the Eoyal Consul Gen-
eral at New York to have a thorough investigation
made on the spot by the Royal Italian Consular Agent
at Rochester, N. Y.

It appears from that officer's report, which I like-
wise enclose, that the action of the police was attended
with grave and unjustified consequences which might
involve further complications in the situation.

I, therefore, have recourse to Your Excellency's
habitual courtesy and ask that you will iurry a strict
investigation as well as appropriate measures for the
protection of Italian subjects there on the part of the
authorities concerned.

I shall be thankful to Your Excellency if you will
apprize me as soon as possible of the decision you
may be pleased to reach in the matter and embrace this
opportunity to renew to you, Mr. Secretary of Sta,te,
the expression of my highest consideration.

■ ' , . CUSANI

To His ExGelle;ncy, the Honorable W. J. Bkyan, Sec-
retary of State

[Telegram]
AuBUKN, N. Y., April 4, 1913

Italian Ambassador, Washington, D. C,:,

Respectfully call your attention dastardly shooting
Italian, Polish and Lietuens strikers by police, Auburn,
without provocation and urge you demand justice for
these peaceful Polish subjects and thorough investiga-
tion this outrage.

OHAS. A. MILES

GUSTAVO TERMINI L. KAWASSWIOWSKI

1088 Public PAPiEBS of Governoe Sulzee
[Translation Copy]

In EE AXIBUEN liESTUEBANCES

EocHESTEE, N, Y., April 5, 1913

Mr. Consul Gbneeal. — I have the honor to confirm
my report telegraphed to you from Auburn, N. Y., and
to acknowledge the receipt of the " Special Delivery "
enclosing telegram on the same subjept.

The investigation ma(3e "by me brought out the fol-
lowing :

Tbe Columbian Eope Conapany of Auburn, N. Y.
(one of the largest rope and cord factories in the
United States), employs about 1,500 men and women,
of whom 500 are Italians.

The financial conditions of those laborers — from
the statement of the Mayor of the city of Auburn him-
self — are wretched and such as to justify a demand
for betterment. But the present difference between
the owners of the plant and the laborers arose not so
much from such a demand for better conditions as
from the fact that, upon the laborers forming a union,
the managers, without any apparent reason, dis-
charged the leaders of the unions, both Italians and
Poles. Refusal on the part of the managers to rein-
state the discharged men was the direct cause of the
strike, which later extended to the ' ' Osborne ' ' plant
affiliated with the International Harvester Company,
whose main office is in Chicago. From what I have
heard ike strike of the '* OsborBe "laborers was not
justified, the wages being rather betterj and ia faet all
the men asked for was shorter hours.

By way of better description of the sifcuation, I tave
also to say that the mass of strikerB, of ahout 1^00

Miscellaneous 1089

hands, was cdnfronted, at the time the strike was de-
clared by a force for the maintenance df order of only
thirty-five policemen, which was successively increased
bj- sixty ' ' special ' ' officers, men picked at randooa and
generally more brutal than the regular force. <>h%

For three or four days in the beginning of the strike
there were always around the " Columbian " plant
some scrimmages between the officers and the strikers,
and arrests made in consequence. I have not heard
that any of the officers was hurt in the course of those
disturbances, but the temper of the strikers was some-
what aroused by the fact that in arresting a woman
striker the police maltreated her and tore off her cloth-
ing so as to partially denude her.

I now come to the specific incident which occasioned
the telegram of protest to the Royal Embassy; the in-
vestigation personally conducted by me on the spot
established the full justice of the protest of our strik-
ing fellow citizens. Here are the facts : '^'''i

A certain number of strikers, men and women, the
latter, however, being more numerous, were near the
" Columbian " factory in the forenoon of Friday, on
so-called " picket work," when an Italian woman
named Maria Saveria Peluso struck an American boy
who was riding to the said factory on a bicycle and
threw him from his machine. The " special " and
regular officers who were on duty there coming up ar-
rested the woman and rung the alarm for a police
patrol. When it arrived, they lifted the woman bodily
and threw her into the wagon, whereupon the strikers
uttered threats and gesticulated and the police officers
— without further waiting — pulled out their revolvers
and fired upon the strikers, wounding six — two of
Ihem Italians — at once.
35

1090 Public Papers of Goveenoe Sulzeb

The injured men were carried to the hospital where
two are still in danger of death, and the strikers then
and there disbanded.

I received a telegram from Auburn in the evening
of Friday and left for the place the next day, early in
the morning. After getting information from trust-
worthy persons in nowise connected with the strikers,
I called on the Mayor of the city, Mr. 0 'Neil, to lodge
a formal protest against the action of the police, which
was entirely unwarranted a,nd which the police them-
selves would not have dared to take had they had to
deal with American citizens instead of foreigners.

The Mayor, on my making representations and giv-
ing Jiim notice that I considered it my duty to report
the condition of affairs to you, my superior, and hence,
to the Embassy of His Majesty — offered no explana-
tion to palliate the action of the police, but promised
to have the facts investigated and to punish those who
might be responsible for the injuries. I warned him
against a repetition of a like occurrence.

The situation at Auburn is exceptionally grave, and
while the presence of the national militia of the State
has, for the time being, restored apparent quiet, I still
have great fears that grave disturbances wiU recur un-
less the two parties come to some agreement.

The owners — from what I have been able to gather
— are disposed to talk matters over with the workmen
and make concessions, but they will not recognize the
union, and on the other hand the men care more for the
(leaders of the) strike who would otherwise be more
than likely to be left idle than they do for better money
conditions.

The leaders of the strike, among whom are men of
advanced ideas — such as Gustavo Termini, who ap-

Miscellaneous 1091

pears to be one of the signers of the telegram to the
Royal Embassy, and is known to be a revolutionary
socialist — will not easily consent to any other ar-
rangement.

At the last moment, I am informed that His Excel-
lency, the Govermor of the State, has also become in-
terested in the unwarranted action of the police of
Auburn, N. Y., and ordered the State Attorney-Gen-
eral to make an investigation.

Such are the facts and situation, and I now leave it
with you to decide whether the case calls for the inter-
vention of your office or the Royal Embassy.

Awaiting such further instructions as you may deem
proper and with sentiments of the highest respect.
(Signed) SCONFIETTI,

Royal Agent

Commissioner of Laboe John Williams in Telegram
TO President of International Haevbstbk Company

Alpany, N. Y., April 15, 1913

To President International Harvester Company, Chi-
cago, III.:
By direction of Governor Sulzer I am appealing to
your company to reconsider its apparent determina-
tion to remove the twine manufacturing department of
its Auburn plant on account of the strike of operatives
or at least to hpld, the matter in abeyance until our
State Board of Mediation and Arbitration shall have
made further efforts to effept an amicable adjustment.
We believe an honorable and just settlement is pos-
sible and we shall do everything in our power to bring
about such a result. Governor Sulzer earnestly hopes

1092 Public Papers of Cioveenob Sulzeb

that this request will meet with a favorable response
and that you will issue instructions to your representa-
tives at Auburn to suspend all preparations for re-
moval and to confer with the members of the State
Board of Mediation and Arbitration with a view to a
settlement of the, strike and the resumption of opera-
tion. Please respond directly to me or, to, Governor
Sulzgr. , ,

(Signed) JOHN WILLIAMS,

Commissioner of Labor

Telegram From Wm. C. Rogers and James McManus,
State Board of Mediation and Arbitration

Auburn, N. Y., April 15, 1913
Hon. John Williams, Co'ftimissioner of Labor, Albany,
N. Y.:
Satisfactory joint conferences in rope company dis-
pute promise speedy adjustment of differences. It is
regretable that Harvester Company will not accept our
good offices as strike in that company's twine plant
would be easy to settle once the strike is over in the
other mill. Harvester strike was largely sympathetic
and alleged grievances could be readily adjusted on an
honorable basis satisfactory to both parties if the re-
ported decision to remove the twine shop to Germany
could be deferred in execution.

WM. C. EOGERS,
JAMES McMANUS,
State Board of Mediation and Arbitration

MlSCEiXANEOVS ' I iM 1093

State of New York — Executive Chamber

Albany, N. Y.,'' April 16, 1913

In the Matter of the Labor Troubles at Auburn, N. Y.

Governor Sulzer said :>'■»' i' '«*> -^ '^^^v'-

"At the urgent request of prominent citizens'of Au-
burn I conferred yesterday with the Attorney-General
and the Commissioner of Labor regarding the troubles
at Auburn. ^it ■■" -up v

"After the conference I directed the Commissioner
of Labor to telegraph the Harvester Company, and the
representatives of the employees, in Auburn, to the
effect that I believed the existing troubles could be
speedily settled, work resumed, and the necessity for
dismantling and removing the harvester plant obviated.
, " In reply to Commissioner Williams' telegram to
the Harvester Company, ^^I received word last night
from a representative of that company that they would
hold in abeyance further action in order to give me an
opportunity to settle the troubles. '*"^ ' ' • " i • ^ H

"After consideration I have determined to order a
public investigation, through the Board of '^Mediation
and Arbitration. In view of this I now urge the em-
ployees of the Harvester Company to return to ^ork
until the investigation is completed, and then if it ap-
pears that there are any grievances, or differences, be-
tween the employees and the employers,, that the same
be submitted to arbitration for equitable determination
and settlement in the interest of justice and fair play.
I have also requested the Attorney-General to*s"end a
representative to Auburn to render such assistance as
he can in the investigation. '''M

"It is my opinion that these troubles can be ami-
cably settled if the employers and the employees will

1094 Public Papers of Govbrnok Sulzer

keep cool, use some comiiion sense, and exercise a lit-
tle, good judgment. I shall do everything in my power
to bring about a jus-t arrangement and an equitable
settlement. ' > '

"As a citizen of New Yorkj interested in its busi-
ness prosperity andi commercial welfare, I urge the
Harvester Company not to dismantle its plant aiid re-
move its business to G-ermany. Matters are not as
bad as they seem. All questions in controversy can
ere long be justly and fairly settled.

" The friends of the employees, and the employees
thfemselves, should see the necessity of being fair
and doing right in their own interest. ■ I want them to
return to work, and let peaceful proceedings determine
all matters in cohtrdver^y; ' '

" I shall continue to' give this whole subject the
careful consideration' to Miich it is entitled. "

Eeport of Commissionbe of Labor John Williams,
William C. Rogers, Chief Mediator, P. J. Dow-
UEY, Mediator, and James A. Parsons, Deputy
Attorney-General '■

State of New York — DEPARTMEisrT of Labor

AtBANx, April 19, 1913 ,

John Williams, Commissioner

Hon, William Sxjlzer, Governor, Executive Chamber,
Albany, N,, Y.:
Sir. — We begr leave, to submit tiie following brief re-
port of progress in the matter of the effort we were
directed to make to settle the strike at the Auburn
plant of the International Harvester Company:

Miscellaneous 1095

We reached Auburn on Thursday : morning, April
lTth,iand immediately went into conference with rep-
resentatives of the, company. The dismantling of the
plant was then in progress. Later in the day wenwere
informed that an order ihad been received to .discon-
tinue dismantling. , We also had a conference with
repres'entaljives of the striking employees.

The outlook now is hopeful. The plant will not be
moved unless our efforts are wholly unavailing. We
are now examining data relating to rates of compensa-
tion in the industry affected, and we shall return to
Auburn on Monday, night to continue our efforts to
effect an .adjustment of the trouble.
Respectfully,

JOHN WILLIAMS,

State Commissioner of Labor
, W. C. ROGERS,-

Chief Mediator
P. J. DOWNEY,

M^ediator
JAMES A. PARSONS,

Deputy Attorney ^General

, TEJ^EpjlAM PBOM.CjOJ^MISSIONEBiOF LaBOR WILLIAMS ,

■"' ' •■AxjBTJEN, April 23, 19LS
Hon. WiiiLiAM SuLZBR, Executive pharnher,, Albany,

; Late this ,a,fternoon the strikers rejected proposition
for settlement s;u^m^tted to, ;t)i^ir meeting by meml()je,rs
of, the. Board of A^rbitration and mysfilf in person.
Wp ar,^, , c^nf |^ri;ing f ui-th^r . with represep:i^ti,yes of, the

1096 Public Papers of Gtoveenok Sulzek

Harvester Company. We feel that the company has
offered through us a fair basis of settlement. The out-
look to-nig-ht is not reassuring, but we shall remain
on the ground until it appears that our efforts prove
unavailing. I am convinced that nothing could be ac-
complished by a public investigation.

JOHN WILLIAMS,

Commissioner of Labor

Supplemental Report by Commissionee Williams
AND Chief Mediator William C. Eogers

State of New York — Department of Labor

Albany, April 25, 1913
John Williams,

Com.missioner
Hon. William Sulzee, Governor, Executive Chamber,
Albany, N. Y.:

Dear Sir. — Supplementing our joint communication
of April 19th in re strike at the Twine Mill of the
International Harvester Company, Auburn, N. Y., we
beg to submit the following:

In company with Mr. P. J. Downey of the Bureau of
Mediation and Arbitration, we reached Auburn on
Tuesday morning, April 22d. During that day we
conferred with representatives of the company an(i
of the strikers. As a result of our conference with
the company officials, we prepared a formal statement
of the terms of settlement which the company would
agree to. In this statement we embodied the attitude
of the company completely, as it was explained to us
in detail by the officials. Nothing was held in reserve.

Miscellaneous 1097

We secured the best proposal that we could. It read
as follows :

I. The mill to be operated upon a fifty -four hour

a week basis. '

II. That no female employee shall receive less than
eight dollars for a full week's work.

III. That no man shall receive less than $9J2 for

a full week's work.

IV. The guaranteed minimum of $8 per week for

women is based upon a general upward re-
vision of piecework prices. No employee will
I suffer a. reduction in wages utoder this plan* ,
V. All night work is discontinued for this season.
VI. The company will endeavor to provide employ-
ment at one or another of its local mills for
those night workers who cannot be placed on
the day shift at the twine mill.
VII. The work of dismantling the plant and removing
of machinery to Tidewater has progressed to
such an extent that not more than 275 can
hope to secure work within thr^e days after
the mill is opened., The company will r have
the machinery sent back and reset, but this
will take at least two weeks, after which the
full force of d^y workers will be put, to work.
Employees will be given their former posi-
tions without discrimina,tion.
VIII. The company will continue its policy, of receiv-
ing and considering complaints or grievances
presented by iijidividuals or through a com-
mittee of its own employees.

Tuesday afternoon arrangem<?nts were made for the
Board of Mediation to meet th^ strikers in a body, and
to.jjresent tS thetn the company's basis of settlement.

1098 Public Papebs of Goveknoe Sulzeb

Meetings i^ere held Wednesday, both morning and
afternoon. Inasmuch as the strikers were composed
almost entirely of Italian and. Polish people, we had
our own interpreters present to read to each nation-
ality a correct translation of the^ above propOfeal.
Ample opportunity was given for questions and ex-
planations. ; : , ; ' '

In presenting the matter to the strikers, the Board
expressed its views as follows: ''i i

*' The' members of the State Board of Mediation and
Arbitration are convinced that these terms are the
very best that can be obtained at this time. The set-
tlement in all essential re'spects is as favorable as
that secured for the employees of the Columbian Rope
Company.

" We urge most serious consideration of the basis
of settlement presented, and Ave do not hesitate to
recommend action looking to its acceptance forthwith,
for we are convinced that failure to do so means the
permanent' closing down of the ttiill."

The strikers to the number of 209 wiere present on
Wednesday afternoon, and by a vote of 159 to 50 de-
cided to reject the coiflpiany's proposition.

In view of the rejection of the basi^ of settlement,
further conferences were had Wednesday evening with
the representatives of both sides, but to no purpose
further than to s6cTire a clearer understanding of the
future policy' of the International Harvester Company
with respect to the twine mill. We were authorita-
tively advised that the company will maintain the
twine mill for a Reasonable length of tiffle in a con-
dition ready to resume operations, and under these
circumstances, and as soon as its former employees in
sufficient numbers to operate the, plant indicate theii;

i ' MiSCEiLANEOUS ■ 1099

mllingness to return to worfciipon the terms submitted
through the State Board of Mediation and Arbitra-
tion, the mill will be reopened,

Whiles our effoj'ts to brin^, about a settlement of the
sti;'Lke were not successful,, we are pleased to call at-
tention to the fact that one of the' principal objects of
Your Excellency's actiye interest in this matter has
been accomplished, namely: The prevention of the
removal of the plant to a foreign country! And there
is yet hope for a resumption of operations after the
excitement of the strike shall have passed away.
Respectfully yours,
( ^i^ed) , JGjEin WILLIAMS,

Commissioner of Labor

^ WM. C. BOGERS, ■,

Chief Mediator

In Relation to the Strike of Street Railwaymen of Buf-
falo, N. Y.

Tblegbam peom J. R. JosLYsr, Editor' Buffalo News

Buffalo, N. y.,^>«; 9, 1913

The Goveknoe (Perspnal), Albany, N, Y.;

City is quiet; with troops out and no cars running.
Would be glad to print some wise message on subject
of law and order from Commander-in-Chief of State
or anj^thing else that seems good to you for news to
print. AH good wishes. , ; , .

(Signed) JOSLYN

1100 Public Papers of Govebnok Sulzer

Reply of Governor Sulzer

Albany, April 9, 1913
[Telegram]
J. li/JosLYN, Editor Buffalo News, Buffalo, N. Y.:

Telegram just received. Am glad to hear that
everything is orderly in the city of Buffalo, and I sin-
cerely trust it will continue. The State stands for law
and order and the protection of life and property. No
man must forget this. I sincerely hope the local au-
thorities in Buffalo and tlie county of Erie will do
everything in their power for peace and harmony and
the enforcement of law and order.

(Signed) ' WM. SULZER

W. B. Fitzgerald, Representing the Street Railway-
men, TO Governor Sulzer

Buffalo, N. Y., April 8, 1913
The Hon. Wm. Sulzer, Governor of the State of New
' York^ Executive Mansion, Albany: (Deliver

immediately.)
The street railwaymen of Buffalo have been forced
to strike in order to secure their American rights to
organize, for a living wage and humane treatment.
We have just been informed that the State troops are
to be ordered out in the morning. If this is true it is
for the sole purpose of assisting this arrogant com-
pany and to intimidate these workmen. We have been
and are still willing to submit our contentions to arbir
tration. This the company have absolutely refused.
In the name of labor we appeal to you against this
unfair and unwarranted discrimination.

(Signed) W. B. FITZGERALD,
Representing the Street Railwaymen

Miscellaneous 1101

Letter fbom P. J. Downbv, Mediator

State pi^' New York — Department of Labor

Bureau of Mijdiation and ARBiTitATioif

Albany, April 10, 1913

Hon. William Sulzer, GotJPinor, Executive Chamber,
J Ihany, N. Y. .-

Dear Sir. — In response to your request, I desire to
submit the following brief report covering the strike
of street railway men in the city of Buffalo :

Immediately after the strike was brought to' my
attention, I went- to Buffalo and got in touch with tlie
situation. I first met the representatives of the work-
tnen and later met representatives of the company.
Receiving information that the mayor of the city was
taking an active interest in the strike and endeavoring
to bring about a settlement, I deeined it my duty to
confer with him.

The representatives of the men informed me that
the immediate cause of the strike was the discharge by
the company of seventy-five men because they joined
the union. Another cause of the strike was that wages
and working conditions were alleged to be deplorable
— that men were compelled to Avork inordinately long
hours for wages ranging from $2.20 to $2.80 per day.
Those receiving the maximum mentioned had to be in
the employ of the company continuously for a period
of nine years.

A committee of employees waited upon the company
and requested a conference, but their request was re-
fused. The men stated their entire willingness to sub-
mit to arbitration all questions involved in the dispute
except the right to organize.

The representatives of the company stated that the

1102 Public Papers of Goveenoe Sitlzer

men left their employment on last Sunday morning
without any previous notice; that the company had
secured other men to take the places of the strikers,
and that the reason the company was not operating
its cars was the inadequate protection afforded by the
city police department. They further stated that the
company had nothing to arbitrate and that they re-
fused to meet representatives of the men on strike
upon the ground that they were no longer in the em-
ploy of the company.

In my conference with Mayor Fuhrmann, I sug-
gested that he issue an invitation to both parties to
meet at his office. Acting upon this suggestion, the
mayor sent the following letters to the representatives
of the company and of the striking employees :

((

li

E. C. CoNNETTE, Esq., President International
Railway Co., Buffalo, N. Y. :

Dear Sie. — I desire a speedy settlement of the
present street railway situation. Therefore, I invite
you as President of the International Street Railway
Company and such other representatives of your com-
pany as you may desire, to meet in conference a com-
mittee of the striking railway employees and their
representatives at the mayor's office this afternoon at
5 o'clock."

To representatives of the striking employees:
" Gentlemen. — I desire a speedy settlement of the
present street railway situation. Therefore, I invite
you gentlemen as representatives of the striking street
railway employees to meet in conference a committee
representing the International Railway Company at
the mayor's office this afternoon at 5 o'clock."

The strikers evidenced their entire willingness to
meet as suggested by the mayor.

Miscellaneous 1103

The Company declined in the following communi-
cation:

' ' Hon. Louis P. Fuhemank,, Mayor, City of Buffalo,
N.Y.: ^ ■, :.

" My Deae Mayoe. — I have your letter of the 8th
inst. inviting me to a conference with a committee of
the striking railway employees at your office at
5 o'clock this afternoon.

' ' While I am always ready to meet you and discuss
any matter concerning public interests at any time, I
do not believe that, under the circumstances, I should
participate in this conference.

" I thank you for your efforts to assist in restoring
the street car service conditions in the city and beg to
assure you that this company is equally interested in
restoring to the public the service to which they are
entitled, and, in view of this fact, the company has
sufficient men now to man their cars and operate them,
when law and order prevail. Furthermore, the atti-
tude of this company toward its former employees is
expressed in a statement issued to the press, as
follows : ,

' ' ' President Connette desires to announce
through the press to any and all of the former em-
ployees of the International Railway Company,
that he will be glad' to confer with them at any
time, regarding wages and working conditions,
after they have returned to Work and resumed the
regular operation of the cars.'

"Any effort on your part to further the restoration
of service by inducing the former employees to return
to work and restore the conditions as they existed a

1104 Public Papers oi' Qovjsknok Sulzek

week ago, will be fully appreciated, both by the com-
pany and by the XJeople of Buffalo, and you may rest
assured that this company purpose then to give every
reasonable consideration to any improvement in the
wages and working conditions of its men.
' " Very sincerely yours,

"(Higned) E. G. CONNETTE,

"President "

In view of the seriousness of the dispute, I have
deemed it my duty to recommend to the Commissioner
of Labor that a public investigation be undertaken to
determine the causes of the strike in order that a
proper basis of adjustment may be evolved.
Respectfully submitted,
(Signed) P. J. DOWNEY,

Mediator

Telegram from Frank A. Abbott, Former District
Attorney

BxjFFALo,.N. Y., April 9, 1913

William Sulzee, Governor, Albany, N. Y.:

Strike, situation in Buffalo seems to me needs inves-
tigation by you. Traction comi)any refuses to arbi-
trate. I am familiar with tlie, situation. Citizens of
Buffalo are mucli aroused.

FRANK A. ABBOTT,

Former District Attorney

Miscellaneous 1105

Goverkor's Reply

[Telegram] '

Albany, April 10, 1913
JEon. Frank A. Abbott, Former District Attorney,
Buffalo, N.Y.:

Your telegram just received. After conference with
State officials am sending to Buffalo a representative
of the Labor Department and a representative of the
Attorney-Qeneral's office, to carefully look into mat-
ters and to do everything possiTale to restore law and
order and peace and harmony. Will continue to give
the situation very careful attention.

"(Signed) WM. SULZER

Statement by Governor Siilzer Relative to the Enact-
ment of Legislation Recommended by the Committee
of Inquiry for the Regulation of the Sinking Funds
of the State.

Albany, N. Y., April 18, 1913
The bill introduced in the Senate to-day by Senator
Frawley and in the Assembly by Leader Levy is the
bill recommended by the Committee of Inquiry for the
regulation of the sinking funds of the State according
to its report:

The provisions of the bill may briefly be stated as
follows : $395,641.36, the ainount of sinking fund No. 1
in the Comptroller's office, against which there is no
debt, the bonds to'which it relates having all been paid,
is transferred to the general fund and made available
for the general purposes of the State.

In 1906, 1907 and 1908, the Legislature appropri-
ated sums aggregating in the three years $12,045,000
to constitute the principal of a sinking fund for the

1106 Public Papers of GrovsisNOB Sulzeb

retirement of bonds then contemplated to be issued
under chapter 302 of the Laws of 1906 for canal im-
provements. This money is in this sinking fund, but
the bondiS to which it was, intended tp relate we;re never
issued. Therefore, this money, in the form, of a sink-
ing fund, has no obligations of the State to which it
relates, for the State created no such obligations. The
bill transf jers this money from the sinking fund to the
general fund!

The general policy advocated by the Committee of
Inquiry of providing "annually the precise amount of
interest to be paid upon each funded debt aiid the pre-
cise amount of principal to make the sinking funds the
proportionate part of the debt to which they each re-
late, is incorporated in this measure.

Following these general provisions, the bill makes
specific provision for the payment into these sinking
funds of the interest and proportionate principal
requisite to make the sinking funds correct in the
amount contained therein for the fiscal year begiiining
October 1, 1913.

Then the bill provides for the payment out of these
sinking funds of the various items of interest which,
as above stated, are required to be place^ in these
sinking funds, for the payment, of that interest.

The concluding sections of the bill repeal all incon-
sistent ;acts and parts of acts and provide that the act
shall take effect immediately. ; ,

;Thus, the general plan of tlie bill may be summa-
rized as follows : Sinking funds with no ouitsta,nding
obligations against theni are transferred to the general
fund. Surplus in sinking funds is, transf ejcred, to the
general fund. Accurate pravisioij is ma^e to provide
the interest ann,iially and to make th.e principal of the
seyeral sinking funds thes proportionate amo.Tjnt of the

Miscellaneous ikiu -,' 1107

debt for tiie retirement of which they are maintained.
This is in precise accord with the Constitution and is
not based upon any - of thfe peculiar amortizing plans
which have heretofore been in vogue./l Thus, having
provided the sinking funds with the amount necessary
for the annual interest and with the amount necessary
to make the sinking fund the proportionate part of the
debt required by the Constitution, payment out of the
sinking funds of the various items of ; interest con-
tributed to it for the fiscal year is directed.

The policy of this bill will place all of the sinking
funds in the condition which the Constitution requires
and all of the confusion' Which has existed with refer-
ence to those funds, if this bill becomes a law, will be
avoided." humi 'tnr<

Statement by Governor Relative to Terms and Rate of

Interest on State Bonds '
'"'■" ^' Albany, N.Y.,"i4pni 28, 1913

"After a long conference held to-day between my-
self. Deputy State Comptroller Walsh, Mr. Lawson
Purdy, Chairman of the Board of Tax Commissioners
of the city of New York, and "several others, I decided
to ask the Legislature to repeal Senator Frawley's
bills amending the Tax Laws, giving exemption and
limitations on taxable transfers, and exempting from
franchise tax, State bonds — and caused to be pre-
pared and to be introduced at the evening session of
the Legislature, two separate bills repealing tbese acts
and accompanied them with emergency messages.

" It was agreed at the conference that the present
provisions of the law regarding the terms and rate of
interest on State bonds require immediate amendment,
,in order to permit State bonds to compete without dis-
advantage with the other marketable bonds and securi-
ties, at present offered for sale.

1108 Public Papers oi*' Govbbnok Sulzee

" It was decided, however, that the method proposed
by the Frawley bills, after consideration of all the cir-
cumstances, was inadvisable and I believe we will be
able to remedy the defects in the existing law, which
operate adversely to the floatation of State bonds, by
amendment to the present law, which will obviate the
objections urged against the provisions of the Frawley
measures.

"It is our purpose," said Governor Sulzer, "to
cause such bills to be prepared and introduced into the
Legislature without delay, and, if necessary, to speed
their enactment by emergency messages."

The Governor further stated :

' ' My desire is to create a ready and quick market
for State bonds, but it is not my intention, nor liave
I any desire, to give State bonds an undue advantage
which will in any way impair the marketability or
value of municipal or other corporate bonds with
which they must compete. Under the law as it stands
at present, State bonds are placed at a disadvantage
and it is my sole purpose to make them equalh^ attrac-
tive as an investment as the other bonds now actively
sought as investments."

FULL CREW LAW

Statements by Governor Showing the Necessity of the
Act in Order that Human Life may be Safely
Guarded in New York State, also Correspondence
and Other Matter, in Relation to the Subject

Albany, March 31, 1913

Governor Sulzer made public a letter addressed to
J. P. Ogden of Watervliet by F. H. O'Brien, chairman

Miscellaneous 1109

of the General Grievance Committee of the Brother-
hood of RailflToad Trainmen, Erie System, in relation
to the " Full Crew Bill."

T. H. O'Brien, Wesley Tremper, George Wells,
Gen. Chairman, Vice Chairman, Secretary,

, Cleveland, 0* Midvale, N. J. Galion, 0.

Geneeal Grievance Committee

BROTHERHOOD OF RAILROAD TRAINMEN

Erie System

Cleveland, 0., March 21, 1913
Mr. J. P. pGDEN, 224 23d Street, Watervliet,N. Y.:

Dear Si» and Brother. — For your information I
quote the following message received from General
Manager Stone of the Erie R. R., New York City :*

' ' I vexj much fear if the New York full crew bill
passes in its present form it will result in free trans-
portation to employees and their families being taken
away. My s.uggestion is that you telegraph your rep-
resentatives at Albany to defer passage of this bill
until certain proposed modifioations can be agreed
upon. I am sending you this in your own interest as
much as in mine. Advise what you do."
Will you please acknowledge receipt.
Fraternally yours,
(Signed) T. H. O'BRIEN,

Chairman

Albany, N. Y., April 1, 1913
Statement by the Governor :

' ' The newspapers of the State for several days have
been printing "flaming advertisements protesting

1110 Public Papbhs of, GoviEiSiiroE SuLZEn

against the Full Crew Bill and containing an open
letter addressed to me, the principal, point in which
is that the Public Service Commissions have. the juris-
diction and power to order the employment of what-
ever number, of men may be required to properly safe-
guard the lives of their employees and of the public in
the running of railroad trains. I will make a brief
reply to this, I will say, ■ . i , • i ; ,

' ' First — If the Public Service Commission has this
power it should have exietcised it, yet it has never ex-
ercised it but once, and then under protest it did order
one extra brakeman to be employed on a certain run
on one railroad. And if the Coimmission had exercised
the pdwer- wMoh.it is claimed they possess such aip-
palling accidents might be avoided as that which oc-
curred only a few months ago at Corning when forty-
one persons were killed.

" Second — If the railroads believe that the Public
Service Commission has th6' power to order more men
to be employed on railroad trains', then when thei Pub-
lic Service Commission undertakes to make and en-
force such an order the railroads should not deny that
the Commission has jurisdiction. In 'other words when
they went before the Public Service Commission they
should have made their utterances square with their
utterances before me at the public hearing last Satur-
day, and I will quote an abstract from a brief sub-
mitted by Ira A. Place, an attorney for the New York
Central Railroad at a hearing when this railroad was
resisting an order of the Public Service Commission
whibh directed that one more brakeman should be em-
ployed on certain freight trains running between Dres-
den and Lyons, an(i nowhere, else. . , , , .

"Mr, Place iri,thi,s brjief said, in bold black ,type:

Miscellaneous 1111

" 'It is submitted that the Commision is without
jurisdiction to order the number of men employed
on the defendant's freight trains to be increased.'

. '' It is to; be jptoted tljiat ce:('tain clauses in. the Public
Service Commission, Bill as originally submitted to the
Assembly, conferred, clearly upon the Commission the
right to regulate the number of train crews , in a case
of this character, ,but that ,S)iph clauses were stricken
from the, bill before it finally bjeoarae a law, , thus reiis--
ing the presumption ;thiit it, was not intended to, ponfer
Sjjph, power upon the , Commission. Section 49 of the
Puljlio Servipe, Commissions, La'w^, stat.es .that ' Wher-
ever the Commission shall be of the opinion after a
hearing, had upon its own motion or upon complaint,
that the regulations, practices, equipment, appliances
or service of any such common carrier, * * ■ * are
unjust, unreasonable, unsafe, improper or inadequate,
the- Conimission shall; determine, etc' The present
question iturns upon the meaning of the words ' regula-
tions ' and ' praotjqes,' and it is; respectfully sub-
mitted that in view of what took place during the pas-
sage of the Act as noted above, such words relate only
to regulations and praqtices which indirectly concern
the relations, of the. carrier with third parties in the
matter of transportation, apd do not concern those mat-
ters of internal management which depend entirely
upon the exercise of discretion and judgment by, the
carrier's officials. , ,

" Section 29 of the General Corporation La,w pro-
vides/, that, ,' ,The affairs of, every corporation shall be
managed by its Board of DijreictQrs.' , A^'d. that pro-
vision has not been repealed- wh'^tti^x^directly or by
imph'catiGn by any, section of the Public Service Coni-
missions Act, and the defendant, therefore, submits

1112 Public Papbbs of Govebnok Sulzeb

that the jurisdiction of this cause does not lie with
the Public Service Commission, but the case concerns
exclusively one of those matters of internal manage-
ment not connected with the carrier's relation to the
shipping pubUc, and accordingly not within the Com-
mission's power of review of regulation.

" These questions are thus briefly suggested, not
only with reference to what the correct interpiretation
of the statute may be, but as having a bearing upon
the wisdom of the substitution by the Oommissioil,
even if it has the power, of its discretion for that of
the officers of the Company, charged with the respon-
sibility, upon questions which relate solely to details
of management. ' '

Albany, ^. Y., April 3, 1913

Statement by the Governor :

" The persistence with which the Public Service
Commission is represented as an agency of the State
that may be depended upon to take the proper steps
to safeguard the lives of passengers and employees on
our railroads has led me to make an investigation as
to whether railroad traffic in this State is becoming
more safe or more dangerous. The Public Service
Commission was organized six years ago. I have been
shocked to learn that the railroads of the State killed
five times as many passengers last year as they did five
years ago, more than three times as many as they did
four years ago, and more than twice as many as they
did two years ago.

" The railroads complain that the Full Crew Bill
will cost a large sum of money, but do they appreciate
how much passenger traffic they lose by not properly
safeguarding the lives of their passengers? When

Miscellaneous 1113

forty-one persons are killed in one accident many pru-
dent men and women resolve not to take railroad trips
except when absolutely necessary. Do the railroads
appreciate how travel for recreation and pleasure
might be promoted if railroads were not so dangerous?
" The statistics of the Public Service Commission
show that the number of passengers injured is increas-
ing year by year. The number of passengers injured
last year was 945. Five years ago the number was
348 and during the intervening years the total never
reached more than 848 which was the total of three
years ago. The figures in detail are as follows :

July i, 1907, to July 1, 1908
July 1, 1908, tO; July 1^ 1909
July 1, 1909, to July 1, 1910
July 1, 1910, to July 1, 1911
July 1, 1911, to July, 1, 1912

' ' The number of passengers killed ancj maimed by
accidents is small compared with the number of em-
ployees killed and injured. Last year the railroads
maimed 2,690 employees, a larger total than ever
known before. They killed 280 employees and only
once in the past six years were so many killed. The
number maimed last year was more than twice as many
as were maimed five years ago.

" The Full Crew Bill will be a benefit to the rail-
roads as well as the public by making railroad travel
less dangerous, and therefore increasing its volume.
Railroad employees insist that this is true, the rail-
road companies deny it. I believe the railroad em-
ployees are right, and that the Full Crew Bill will do
something to remove the stigma which attaches to

Passengers
Killed Injured

9

348

13

469

21

.848

18

656

45

945

1114 Public Papebs of Govei^noe Stjlzee

American railroads of being the- most dangerous in
the world. ,

" My attention has recently been called to another
adyertisement for which the railroads-i are spending
many thousands, of dollars throughout the Statie in
which they , say that the Public ;Service Commission
' has ample power in this. regard .(that is,, to order ad-
ditional trainmen). This power, the ;railroads have
never questioned.,' I have already, proved the error
of this statement by producing an abstract from one
of their briefs before the Public Service Commission
in which, they explicitly claimed that the Commission
had no jurisdiction to order an increased number of
employees on trains. And they argued at length to
support this contention. .n . ..!

" The railroads claim that there are no accidents
that may be prevented by full crews, but the truth is
that nearly all the accidents of reoeht years might be
prevented by the employnaeht of more inen. Railroad
slaughter is the result of having more regard for
money than for human life. ' '

n-\:.AllH )i ' MlSCEllLANEOtJS 1115

Lbttbb from W. H. Tbubsdale, President Delaware,
Lackawanna & Western Railboa© Company -

■:'».( ■ ■',■;, -..li,,:! ..: 'IT

THE DELAWARE, LACKAWANNA & WESTERN

RAILROAD COMPANY ruMi , •>f!ii<,

■lifi ■ „ '-■ ^ y.Uihil\(' •;;];

• ■;. Office of President

W. H. Truesdale, President, New Ydrli^\h' '• ■

New York City, April 2, "^1913

His Excellency, William Sulzee, Governor of, the
Stoite of New York., Albany, N. Y.: r •{,,

Dear Sir. — We observe in tMs morning's papers
your statement in explanation of your action in ap-
proving the Full Crew Bill, in wMck you, in effect, say
that if its requirements had been in force at the time
of the accident at Corning, N. Y., in July last this
very serious and distressing accident would not have
occurred. il'fi' iif«i

• In iriaking such statement Your Excellency was cer-
tainly not familiar with the facts developed in the in-
vestigation'of this case by the Interstate Commerce
Coinnaission and the Public Service Commission of the
Second District of the State of New York, as set forth
in the reports of these two Commissions thereon. >:

If Your Excelleri(}y will examine, or cause to be ex-
amined, the reports referred to, you will find that
there is not a suggestion in either of them that the
accident in question was due to any of the trains in-
volved not\being manned by a sufficient number of
either trainmen or other employees. In both of these
reports the blame was laid squarely and solely upon
an engineer whose condition was not what it should

1116 Public Papebs oj? Govbbnok Sulzeb

have been wken he wemt on duty and whose neglect
caused the accident.

The engineer was indicted for his criminal neglect,
but was mot tried, as we are infoimedj because of some
political bargain between his friends and the prosecut-
ing officials of the county in which the accident
occurred. We have appealed to every official who we
thought inight have any influence, or whose duties were
such as might lead him to correct this serious malad-
ministration of justice, but all to no purpose.

In justice to this company in particular, and to the
railways of the State of New York in general. We re-
spectfully ask Your Excellency to examine the reports
of this Corning accident above referred to, and, find-
ing the facts different from what you claim, that you
publicly correct your statement that it was due to the
trains involved being insufficiently manned.

Without question, the Full Crew Law is the most un-
justifiable legislation that has yet been enacted for the
alleged regulation of the railways of the country; but-
the management of this company feels particularly
outraged that its enactment should be justified, as
Yoiur Excellency undertakes to do, through a misun-
derstanding of the actual causes of our Corning
accident.

Respectfully yours,

The Delaware, Lackawanna & Western Railroad
Company,
By AV. H. TRUBSDALE,

President

MlSCELLANBOTUS 1117

The Govern OB 's Reply

Statu op New Yoek -r Executive Chambeb,

Albany, N. Y., April 4, 1913

W. H. Teuesdale, Esq., President, D. L. & W. Mml-
road, New York City:

Deak Sib. — Your letter of the 3d instant, given out
to the press, duly received.

You state that I said, in effect, that if the require-
ments of the Full Crew Bill had been in force at the
time of the accident in Corning last July, this V6ry
serious and distressing accident would not have
occurred.

Pardon me, I did not say that, but I did say, and I
repeat, " that if the Public Service Commission had
exercised the power, which you claim it possesses,
such appalling accidents might be avoided as that
which occurred only a few months ago at Corning when
forty-one persons were killed."

You ask me to correct this statement because the
Commission, in its report of this terrible accident,
makes no suggestion that it was due to the trains' not
being manned by a sufficient number of trainmen.

Let me say that I did not make ndy statement as an
echo of the opinion of the Public Service Commission.
The work of this Commission in analyzing the cause
of accidents does not in all respects commend itself
to me, especially, when I learn that dtiring the six
years that the Commission has been in existence acci-
dents in which passengers have been killed have grown
to an appalling extent. Why! I think you know.

The records of the Commission show thiat in this
State five times as many pas'sengers were killed last

1118 Public Papebs oi? Govebnoe Sulzee

year as were killed five years ago ; three times as many
were killed as were killed four years ago ; more than
twice as many were killed as were killed three years
ago ; and more than twice as many were killed as were
killed two years' ago. The records also show an in-
creased annual killing and maiming of employees. In
^dew of these appalling ifigtires I: think that the opinion
of the Public Service Commission as to the cause and
prevention of, accidents may reasonably be questioned
by thoughtful and observant people.

My opinion is that the responsibility of running
fast trains with their precious loads of human freight,
is too great to be entrusted to any one human being.
The railroad companies insist that there is absolutely
nothing for a full crew to do whose employment is re-
quired under the new Full Crew law. I respectfully
suggest to you and other railroad officials having au-
thority, that the men required under the law recently
passed be placed on our trains to see that they do not
run by caution signals, full stop signals, and flagman,
as did Engineer Schroeder on the fourth of last July
when the Corning accident occurred. I would also
suggest that it should be a part of their duties to ob-
serve the physical condition of engineers when they
report for duty so that men who are, unfit ;for duty may
be prevented from taking charge of the trains.

: In this connection I commend to your attention these
words from the report of the Public Service Commis-
sion concerning the Corning accident :

' ' The work of enginemen in particular is performed
under conditions of stress of which theigeneral public
seems to have a most inadequate appreciation. The
mere observation of signals upon highi speed trains
under varying conditions of light, storm and fog is a

fTH.-v iM^, HO Miscellaneous itifM 1119

severe strain. The, slightest inattention while running
at the rate of a mile a minute may result in the missing
of a signal. A single error in observation may result
in a disastrous accident." .hi •

In view of this I submit that it is too much to expect
that on long runs there shall never be the slightest in-
attention! on ) the part of the engineer. To guard
against the possibility of the slightest inattention and
the possibility of a single error, the work upon which
the lives of hundreds of passengers depend^ should not
be entrusted to any one fallible human being.

My memorandum of the new law speaks for itself.
I subtract nothing from that. I know of no life and
accident insurance which can be had so cheaply as that
which is afforded by the Full Crew law. The responsi-
bilities devolving upon the engineers of fast passenger
trains are beyond all comparison the greatest imposed
upon any human beings.'!- The recklessness on the part
of railroad managers in insisting that these awful re-
sponsibilities shall continuously devolve upon one man,
and in contending that there is no occasion for hiring
a second man to share these responsibilities and to
see that the "slightest inattention," or a " singlfe
error in observation ' ' does not result in accident, is a
recklessness unparalleled in the annals of business
management. ■ oJ Ht{><- •<|i

I regret that the management of your company
should feel outraged because I have spoken some plain
truthful . words in justification of the Full Crew law,
but I can assure you that the people of the State of
New York, and particularly the employees of the rail-
road companies, feel outraged that the railroad com-
panies of the State killed last year 280 employees,

1120 Public Papees op • Governor Sulzeb

maimed 6,690; killed 45 passengers, and injured 945
passengers. How can you justify this?

Of course I do not complain because you take up
the cudgels for your railroad. You are supposed to
do that. They tell me you receive a very large salary
for your railroad services. However, you should not
complain if I do my duty, as I see it, to the people.
They pay me a small salary in comparison to yours
for doing that. The difference is just this: You are
working for the railroad ; I am working for the people ;
and we see things from our respective angles. You
put th'e dollar above the man ; I put the man above
the dollar; a human life to me is worth more than a
human dollar; that is all.

You tell me that the Full Crew' law will cost your
company some additional dollars, and this may have
something to do with your outraged feeling, but when
the public recalls that your stock is selling at $415 per
share, and is paying annual dividends of 55 per cent.,
your outraged feelings will not excite widespread sym-
pathy with the traveling public and intelligent citizens.

In conclusion, I advise you that I have instructed
the district attorney of Steuben county to investigate
the serious charges you made against the administra-
tion of justice in that county, and have directed him to
speedily report the facts to me for such further action
in the premises as may be deemed wise and proper.

Respectfully yours,
(Signed) WM. SULZEE

Miscellaneous 1121

Letter to Hon. Claude V. Stowell, Disteict
Attorney of Steuben County

Sta*e Of New York — ExECtr*ivE Chamber,

Albany, N. Y., April 5, 1913

Hon. Claude V. Stowell, District Attorney' of Steuben
County, Corning, N. ¥.:

My Dear Sir. — ■ Your attention is respectfully di-
rected to the following abstract from a letter which I
have received from W.H. Truesdale, President of the
Delaware, Lackawanna and Western Railroad Com-
pany :

" We observe in this morning's papers your state-
ment in explanation of your action in approving the
' Full Crew ' bill, in which you in effect, say that if its
requirements had been in force at the time of the acci-
dent at Corning, N. Y., in July last, this very serious
and distressing accident would not have occurred.

' ' In making such statement your excellency was cer-
tainly not familiar with the facts developed in the in-
vestigation of this case by the Interstate Commerce
Commission and the Public Service Commission of the
Second District of the State of New York, as set forth
in the reports of these two commissions thereon.

' ' If your excellency will examine or cause to be ex-
amined, the reports referred to, you will find that there
is not a suggestion in either one of them that the acci-
dent in question was due to any of the trains involved
not being manned by a sufficient number of either
trainmen or other employees. In both of these re-
ports the blame was laid squarely and solely upon an
engineer, whose condition was not what it should have
been when he went on duty and whose neglect caused
the accident.
36

1122 Public Papbes of Govebnok Stjlzeb

" This engineer was indicted for Ms criminal neg-
lect, but was not tried — as we were informed — be-
cause of some political bargain between bis friends
and the prosecuting officials of the county in which
the accident occurred. We have appealed to every
official who we thought might have any influence, or
whose duties were such as might lead him to correct
this serious maladministration of justice, but all to no
purpose."

You will observe that Mr. Truesdale brings a most
sprious charge when he asserts that although Engineer
Schroeder was indicted he was not brought to trial on
account of some . political bargain between his friends
and the prosecuting officials of your county.

I write to ask that you make a thorough investiga-
tion of this charge and report to me concerning it as
soon as possible.

I would suggest that Mr. Trriesdale be summoned to
testify as to all information that has been brought to
his atteiition bearing on the alleged conspiracy , to
thwart the ends of justice.

Yours very truly,
(Signed) WM. SULZER

Reply op Distbict Attobney Stowbll
Steuben County, Distbict Attobney 's Office,
306-307 First National Bank Bldg., Corning, N. Y.
Claude V. Stowell, Verne V. Ryon,

District Attorney. Clerk

April 11, 1913
In re Schroeder.
Hon. William Sulzbb, Alb any, ■'N. Y.: .

My Deab Sib. — I have yours of the 5th inst., rela-
tive to the Truesdale charges.

MiSCELLAITEOUS 1123

I took office January 1st, since which tinie I have
never received any communication from Mr. Truesdale
or any one connected with the Delaware, Lackawanna
& Western Railroad Company, relative to the
Schroeder matter. Some time ago I came to the con-
clusion that the matter of the indictment against Mr.
Schroeder had not been disposed of in the proper man-
ner. Previous to the communication of Mr. Truesdale
I had gone over the evidence in the case and deter-
mined that it was a proper matter to be again pre-
sented to the grand jury. A Trial Term of the Su-
preme Court convened here the 7th. I secured an
order from Justice Benton and the matter against Mr.
Schroeder has been presented to the grand jury. They
arose this p. m. and reported several sealed indict-
ments. I will be able to inform you within a few days
as to the indictment against Mr. Schroeder.

Previous to your communication, rumors of political
deals in the matter had come to my attention. It is a
fact that friends of Flagman Lane and Engineer
Schroeder were busy during the recent election in the
interest of E. C. Smith, former district attorney, and
that seven days after election, although Mr. Smith was
defeated, the indictment against Mr. Schroeder for
manslaughter, second degree, was dismissed at Mr.
Srnith's request.

I have heard other rumors relative to this matter,
and will investigate same at my earliest convenience
and report to you.

Very truly yours,
(Signed) CLAUDE V. STOWELL

1124 Public Papers of G-overnoe Sxjlzer

Letter to District Attorney Stowell

State of New York — Executive Chamber

Albany, April 14, 1913

Hon. Claude V. Stowell, District Attorney, Corning,
N. Y.:
My Dear Sir. — Your letter just received and con-
tents carefully noted. I wish you would keep me ad-
vised regarding this matter. Count on me to aid you
in every way I can in the administration of justice.
Believe me,

\^ery truly yours,
(Signed) WM. SULZER

Letter from Charles H. Knipp of Elmira,, N. Y.

Charles H. Knipp, Lawyer, 124 Lake Street,
Elmira, N. Y., April 14, 1913

Hon. Wm. Sulzer, Governor, Albany, N. Y.:

Dear Sir. — Through the newspaper press I am in-
formed that William H. Truesdale, president of the
Delaware, Lackawanna and Western Railroad Com-
pany, has recently written you a letter containing,
among other things, a statement to the effect that the,
indictment against Wm. H. Schroeder, found by thje
grand jury sitting at Bath, in Steuben county in Sep-
tember last, was dismissed through, or by reason of
"'a political deal."

I have been counsel for Mr. Schroeder, from the time
the coroner's jury first took up the investigation of the
circumstances of the wreck which occurred on the
Lackawanna railroad at Gibson, in Steuben county,
N. Y., on the 4th day of July last down to the present
time, and am therefore reasonably familiar with the

Miscellaneous 1125

liistory of the case, and of the facts and circiinastances
loading up to the 'dismissal of this indictment, upon
motion of the district attorney, at an adjourned ses-
sion of the County Court of that county held in Hor-
nell in November, 1912, and I wish to say that if Mr.
Truesdale made the reported statement above referred
to, it is absolutely false and untrue, and was either
based upon misinformation, or was made with the de-
liberate purpose of deceiving and misleading you as
the Governor of th^s State. ,

If this statement has been made, j.t is a serious re-
fieetio;i upon the official ooudu|Ct of a former district
attorney of Steuben county, and I trust that jpu will
not permit, this injustice to pass without exerting your-
self to the utmoist to compel Mr. Truesdale to either
produce his proof before; some proper tribunal in sup-
port of the grave; charges that he has naade, or to ac-
knowledge that the charge is untrue.

I shall be glad to assist you in any way possible, in
your investigation, and to furnish you with any in-
formation possessed by me relative to the matter.

I have the honor to remain,

Respectfully yours,
(Signed) CHAS. H. KNIPP

The Goveenor's Reply

State of New York — Executive Chamber

Albany, April 15, 1913

Charles H. Knipp, Esq., Elmira, N. Y.:

Dear Sir. — 'Your letter duly received. Enclosed I
am sending ydu a copy of Mr. Truesdale 's letter mak-
ing the charges; a copy of the letter I' wrote the dis-

1126 Public Papers op Goveenob Sulzeb

trict attorney of Steuben county; and a copy of the
letter recently received from the district attorney of
Steuben county. . ,

I trust you will asist in any way you cari, and hope
you will communicate with Mr. Stowell.
Very truly yours,

( Signed) WM. , SULZER

Statement by Govebnoe Sulzeb

The Man Above the Dollar

The Full Crew Bill, which I signed, is a meritorious
measure and provides that the railroad trains running
through the State of New York shall hereafter be suffi-
ciently manned to conserve human life and limb.

Identical bill passed the Legislature twice before,
but did not meet with executive approval because it
was believed the Public Service Commission had power
to remedy the evils of which complaint is made. How-
ever, the railroads heretofore have contended that the
Public Service did not have this power and was with-
out jurisdiction, : . ^

The only objection to the measure on the part of the
railroads was that it would increase to some extent the
cost of operation by reason of the fact that an addi-
tional man would have to be employed on some of the
long trains. The same objection could be urged with
equal force to any improvement in the methods of
railroad operation.

In my opinion the conservation of human life and
limb is more important to the people than a little addi-
tional expense in the operation of the railroads. The
State, for its own welfare, has the right to demand
the employment upon the railroads of every safety ap-

\.rjr-! iu Miscellaneous • <^1 -f la iH 1127

pliance, whethei' meclianical or human, in the interest
of jlife and llnib and greater safety standards.

Every safeguard, it seems to me, should be employed
by the railroads to prevent wrecks ; to protect the prop-
erty of shippers ; and to save human life and limb, not
only of the employees but of the traveling public. The
progressive spirit of the times demands it, and. the
trend of present day legislation is all that way.

The official records of the State of New York show
that five times as many passengers were killed in this
State last year as were killed five years ago; three
times as many were killed last year as were killed
four years ago; more than twice as many were killed
last year as were killed three: years ago; and more
than twice as many were killed last year as were killed
two years ago. The records also show an increased
annual killing and maiming qf employees. The peo-
ple of the State of New York feel outraged that the
railroad companies in New York killed last year 280
employees, maimed 6,690 employees ; killed 45 passen-
gers ; and injured 945 passengers. The people believe
the Full Crew Law will go far to stop this slaughter.

The Full Crew Law is not unjust to the railroads, but
simple justice to the railway employees and the much-
concerned traveling public. The rights of the people
must not be overlooked, especially in view of the ap-
palling fact that during the twenty-four years cov-
ered by the statistics of the Interstate Commerce Com-
mission 188,037 persons have been killed, and 1,395,618
persons injured on the railroads of the United States.
This is an average of 7,835 persons killed, 58,150 per-
sons, injured each year, or a total of nearly 66,000 per-
sons killed and injured annually. This means that
for every day during the past twenty-four years 181

1128 Public Papees of G-ovEieiNOE Sulzeb

persons have been killed or injured — nearly eight
every hour or one every seven minutes with the regu-
larity of elock work.

The ravages of war pale into insignificance before
these sad and silent statistics of the destruction of
human life and limb accompanying the peaceful opera-
tion of the railroads. Any agency that will stop it is
an agency for good. Human life is more important
than dividends. Surely the general welfare rises su-
perior to the dividends' of the railroads.

Of course I do not complain on account of the rail-
road officials denouncing me because I signed this just
and meritorious measure. But I assure them as the
Governor of New York, that I am more interested in
the Conservation of human life', than I am in the con-
servation of railroad dividends.

Everybody knows that railroad officials are paid very
large salaries for looking after the interests of the rail-
roads. The rank and file know that I am paid a small
salary in comparison for looking after the interests of
the people. When I became Governor I said no influ-
ence would control me in my official conduct except the
Influence of my own conscience and my determination
to do my duty to all the people as I see the right and
God gives me the light.

My duty to the people in this matter was plain and I
signed the Full Crew Bill, against the protests of the
railroad officials, for the greatest good to the greatest
number.

These railroad officials are working for the railroads.
As the Governor of the State of New York I am work-
ing for the people. I see things from the people's
standpoint and they see things from the standpoint
of the railroads. The railroad offi'dials put the dollar

MiSCEIiLANEOUS i 1129

above the man. I put the man above the dollar. A
human life to me is worth more than a human dollar,
the opinion of, the raih'oad officials to the contrary
notwithstanding, ,

In my judgment if the railroads sufficiently equip
their trains with competent crews they will have fewer
accidents and less wrecks. This in the end will p!f Ove
economy to the railroads and prevent them from being
subjected to suits for damages and large financial
losses necessarily arisingitheref rom. A year from now
I undertake to say that if any atterhptis made to re-
peal this humane ,Full Grew Law the railroads them-
selves, in the intferest of economy, will be the first to
object.

WM. SULZEE

STATE DAM AT TROY

Correspondence on the Question Whether the Federal or
the State Government Shall Build tFie Dam ^

LeTTEK FEOM LlNDlJEY M. GrARRISON, SECRETARY OF Wa'b

War Department

Washington, June 3, 1913

Hon. William Sulzer, Governor of Netv York, Albany,

.N.Y.: ' '

My Dear Gtovernor. — Upon receipt of: the letter of
Attorney-General ,'Carmody dated : April 26, 1913, in
regard to the Troy dam controversy (inclosing for, my
consideration a copy of his opinion upon that subject
rendered May 10,- 1911), and of your telegrana of May
I, 1913, in which you communicated to me your coiibur-
rence with all that the Attorney-General had written

1130 Public Papebs of Gtoveknor Stjlzeb

me regarding the matter, I underti)ok to make, as I
promptly advised you I would do, that -thorough study
of the question which it merits, not only because of its
own importance but also because of the addfed distinc-
tion due to the fact that the executive. authority of the
State of New York has seen fit to present and urge it.
The letter of the Attorney-General of New York was
for the purpose of bringing to my attention the neces-
sity of having decided, as soon as possible, the ques-
tion whether the Federal or the State Government shall
build this dam. I assumed, therefore, that the ques-
tion, so far as it concerns this Department, was still
an open one, but at the very threshold of my investiga-
tion this assumption was proved to be incorrect. ' Tbe
records of this department reveal the fact that after
an extended correspondence and several conferences
between my immediate predecessor upon the one hand,
and Governor Dix and other authorities of the State
of New York upon the other, in which, during a period
of nearly a year, this matter was' presented in every
possible phase, my predecessor, in a letter to GbVernor
Dix dated January 19, 1912, answering the ,cpntien;tioq
of the State of New York and stating the position of
the Federal Governnaent, concluded as follows :

' ' I have, therefore, come to the conclusion that
the War Department must carry out the mandate
of Congress and proceed with the construction of
the work with which it is charged, ' including the
construction of the new lock and dam. ' '

This work of improvement had been undertaken, and
large liabilities incurred, upon the faith of the State's
action of NovemiD^r, 22, 1910, but up to the time of the
above decision it ha,d been conifined to those. parts of
the improvement not dependent upon the new lock and

Miscellaneous 1131

dam, in deference to the desire of Governor Dix " that
the work at and above the State dam should be de-
ferred until Congress should have an opportunity to
pass upon the proposal of the State of New York to
construct a dam and lock with its own funds. ' ' But it
seems that no steps were taken by the State to have
the matter reconsidered by Congress. So, shortly after
the decision and in accordance with his conclusion and
the reasons therefor as communicated to the Governor
of New York, the Secretary of War authorized the chief
of engineers to instruct the district engineer to pro-
ceed with the entire work with which the department
is charged, including the construction of the new lock
and dam in question. Work upon this lock and dam
— ^ which is the center of the controversy — has in-
volved the Government in large liabilities. That work
was begtin immediately after the decision above re-
ferred to, and has been in progress ever since, being
carried out by Federal hired labor; almost all the
plant needed for building this lock and dam has been
secured ; the result is that on the 5th ultimo the out-
standing liabilities for the work on the lock and dam in
question amounted to $337,779.03, out of an original
estimate of $547,100.

The authorities of the State of New York have pre-
sented me with no new facts and no additional reasons
in support of their contention. In view of which, and
of the vast liabilities incurred, it is plainly to be recog-
nized as a principle of good administration that I
should adhere to the former decision of this office, un-
less convinced that that decision is palpably erroneous.
I am not so convinced. On the contrary, and aside
from that decision, considering the matter as res In-
tegra and with an open mind, it is my judgment that

1132 Public Papers of Governoe Sulzee

this department is not acting without authority. In
coming to this conclusion I have slighted no conten-
tion advanced by the State authorities.

In the first place, and incidentally as I understand
it, the State contends that the extinguishment of the
water rights or privileges existing in connection with
the old State dam and held under leases from the
State, is a condition precedent written into the sitat-
ute authorizing this improvement j such as would by
nonfulfillment prevent any action of the War Depart-
ment under the act of appropriation ; that the action
by the State of November 22, 1910, was illegal and in-
sufficient to extinguish said rights, and that, therefore,
noncompliance with the condition contemplated by the
statute precluded War Department action. Without
extended argument I have to express my doubt that
this mere provision of the engineer's report respect-
ing the extinguishment of existing water rights, which
report embodied the complete plan of improvement
and for that reason was adopted in its entirety by ref-
erence in the act of appropriation, was designed to
constitute a condition, and I doubt that it is in law a
condition, the legal effect of which if not complied
with, must be to prevent the operation and object of
the entire act. However that may be, there is unques-
tionably sound reason for the view that the first action
of the Canal Board, upon the faith of which the Gov-
ernment incurred large obligations, was, regardless of
the subsequent attempted recission by the new board,
sufficient to justify not only the expenditures made
prior to the attempted recission but all obligations
entered into, or that may be entered into, and payable
out of the present appropriation. The action of the
Canal Board seems to me to be good as an extinguish-

Miscellaneous 1133

ment of the existing leases so far as the requirements
of the aet are concerned. Such was the opinion of the
Attorney-General of the United States, who upon this
point concluded that

" You (the Secretary of War) are justified in
making such further- expenditures under said ap-
propriation, as the interests of the United States
in the premises seem to require."

Large expenditures have been made in accordance
with thig view. The Government has acquired and
owns the land on the two banks of the Hudson at the
ends of the proposed dam; it has acquired the plant
and obtained the necessary labor for the construc-
tion; and is now engaged in prosecuting the work
toward completion.

But, as I understand it, the State does not urge this
question of condition as of prime importance in itself
— quite the contrary — but does so, according to the
view of the State, only because it " was a step in con-
summation of the purpose of the National, Government
to build a dam and control the (surplus) water power,"
which, it is claimed, belongs to the State of New York,
and cannot be yielded to, or disposed of by, the United
States. This latter claim presents the crux of the sit-
uation.

In adhering to this view it seems to me that the At-
torney-General of New York has misapprehended the
actual and legal purpose of the Government. Con-
gress could have made the appropriation only in thfe
interest of commerce. Its primary purpose in provid-
ing for this improvement has thus been declared to be
for the improvement of navigation. It has deter-
mined upon the method of improving the stream, and
such determination is in the exercise of legislative

1134 Public Papers of Gtovebnok Sulzeb

power in respect of a subject wholly within its control.
All means having some positive relation to the end
in view and not forbidden by some other provision of
the Constitution are admissible. Having an express
and unrestricted power to regulate commerce, Congress
may do so without having its purposes questioned.
McCullough V. Maryland, 4 Wheat. 416 ; Doyle v. Con-
tinental Insurance Co., 94 U. S. 535; Chandler-Dun-
bar Co. (Cases 783-786, Supreme Court of the U. S.,
Opinion May 26, 1913). Revenue raised merely as an
incident of the exercise of such power will be shown
later on to be unobjectionable from the legal point
of view. Nor, as a matter of fact, if it could be in-
quired into, could it be disputed that the primary pur-
pose of Congress is to improve navigation, and not to
create revenue. The Grovernment has entered into an
extensive and expensive project, involving an expendi-
ture of several millions. It has done so reluctantly,
and only after the State through its executive and
legislative branches had urged it for many years to
undertake this improvement as a part of the State
barge canal system. Such revenue as will be derived
from disposing of the surplus water or power de-
veloped incidentally by the project as planned will
bear an almost negligible ratio to the usual interest
upon such an investment. The tremendous benefits
resulting to interstate and international commerce
from this improvement are admitted. The primary
purpose is the interest of commerce ; and the develop-
ment of the water power either for the direct use of
the United States, or by lease through the Secretary
of War, is only an incident.

The conclusion of the Attorney-Greneral of New York
is based upon two other propositions which, upon the
authorities, are untenable, namely:

,, Miscellaneous 1135

(a) That the State has an actual property right in
the water of navigable streams -writ^in its borders
which is superior, to the conti;ol of the, United States
under the commerce clause of the Constitution.

(b) That in disposing of the surplus wsiter power
thus created the United States is exercising a function
beyond its constitutional power.

The proposition that a State, or riparian, can have
an actual property right in the waters of a navigable
stream superior to the control of the Federal Govern-
ment under the commerce clause is, I think, erroneous.
Admitting what is frequently said in other connec-
tions, that the title to lands forming the bed and to the
waters of a navigable stream is in the several States,
this must be qualified in the present connection by the
fact that such title is subject always to the right sur-
rendered under the Constitution of the United States
in the commerce clause. Such ownership is no owner-
ship at all as against the constitutional power of, the
United States over the functions of navigable streams.
When subjected to the application of this power to the
full extent the State's dominion as well as riparian
ownership becomes technical and theoretical. Scranton
v. Wheeler, 179 U. S. 141. Such title can give rise
to no ownership of the river, and an owner under such
title is not the owner of any inherent power in the falls
and rapids in the part of the river so "owned."
Chandler-Dunbar case, supra. The rights in the flow
of the stream are in no sense those of private owner-
ship. Whatever substantial property rights exist in
the flow of a navigable stream must come from some
right to construct and maintain works in the river es-
sential to the utilization of power. Such is the origin
of the right to the surplus water and water, power. Of

1136 Public Papers of (iovEU^OB Sxjlzer

.such rights those of the nation are paramount. The
real question, then, is as to the relative rights between
the State and the Nation. For purposes of commerce
the na\dgable waters of the United States are the pub-
lic property of the Nation and subject to all the reiqui-
site legislation by Congress, (ribbon v. Ogden, 9
Wheat. 1; Gilman v. Philadelphia, 3 Wall. 724; Cham-
pion V. Ames, 188 U. S. 321. It matters little whether
the United States has or has not the theoretical owner-
ship in the waters or the land under them. It has what
is more, the regulation and control of them for the pur-
pose of commerce, and the power of Congress is su-
preme over the whole subject, unembarrassed by State
lines or State laws. Stockton v. Baltimore & New
York K. R. Co., 32 Fed. Rep. 9 ; Scranton v. Wheeler,
supra; Chandler-Bunbar Co. v. United States, supra.

I cannot think that by the mere virtue of ownership
of the bed of the stream, or by reason of any other
ownership or control, the State has, as against the
right of conservation of the flow and navigable ca-
pacity of the stream as exercised in the present case,
atiy ownership or superior rights in the waters of the
Hudson river.

In conclusion, it seems to me that the decisions of
the Federal courts thoroughly establish the proposition
that when water power is created as an incident to a
dam erected by the United States for navigation pur-
poses, such power is subject to the exclusive regula-
tion, control and disposition of the United States;
Green Bay Canal Company v. Patten Paper Company,
172 U. S. 58 ; and especially the recent decision of the
Supreme Court in the Chandler-Dunbar Water Power
case, where the court said :

" If the primary purpose is legitimate we can

MlSOE-LLANEOUS 1137

see no sound objection to leasing any excess of
power over the needs of the government."

and adverted ,to the fact that the practice is not un-
usual in respect of similar public works constructed
by the State Government.

For these reasons, even if I were -disposed for my
own guidance to question the constitutionality of the
legislation, providing ;for this improvement, I should
have to cqnclude upon the authorities, many of which
have been carefully considered and some cited, that the
Department may legally proceed with the improvement
as planned.

In arriving at this conclusion I am sensible of the
obligation resting upon me in view of the fact that the
question involves th§ hmitations of the Federal Gov-
ernment in its relation to a State of the Union; but
having given the several contentions advanced by the
authorities of the State the most thorough considera-
tion of which I, am capable I am convinced that, in the
absence of modifying legislation, it is- my duty under
the law to proceed with the project as provided for by
existing legislation.

Believe me, with sincere regards to be
Very respectfully yours,
(Signed) LINDLEY M. GARRISON

Secretary of War

1138 Public Papebs of Goveknok Sulzeb

In the Matter of the Pollution of the Croton Watershed
with Reference to the Proposed Mohansic State
Hospital and the New York State Training School
for Boys

Letter from Edward Hatch, Jr., Chairman of
Merchants' Association of New York

The Merchants' Association of New York, '

April 12, 1913

Hon. William Sulzer, Governor, State of .New York,
Albany, N. Y.:

Sib. — Permit me to direct your attention to the fur-
ther pollution of the Croton watershed with reference
to the proposed Mohansic State Hospital and the New
York Training School for Boys, an adjunct to Ran-
dall's Island Reformatory, which are about to be
erected at YorktoWn Heights, WestchefetiBr county, in
the head waters of the Croton water supply.

Mohansic State Hospital (Lunacy) was established
by chapter 57 of the Laws of 1910. Chapter 509 of
the Laws of 1910 authorized the State Commissioner
of Lunacy to enter into contracts for the construction
of the Mohansic State Hospital at a/total cost not to
exceed $2,000,000, and appropriated $100,000 for be-
ginning the work. Other acts for additional appro-
priations were subsequently enacted.

Acting under this legal authorization 564 acres of
land were secured by the Commissioners.

The Mohansic Hospital site comprises two ridges
with an altitude of 580 feet with valleys between and
flanking these ridges. The slope is to the south and
the natural drainage of the ground flows into Mo-
hansic lake and Crom pond; these in time discharge

Miscellaneous 1139

into Mnscoot river, wMch is a tributary of the Croton
river. : The hospital site, therefore, lies within the
Croton watershed and its drainage empties into one
of the main sources of New York's- water suppljj. It
is about thirty-six miles from New York city. The
fall from Mohansie lake to the Croton river is 282 feet,
and the velocity of itsi flow is so high that the outflow
of the lake reaches the Croton in about six hours after
traveling seven: and a half miles (following the water
course). .

The capacity of the hospitaly as proposed, is 3,650
persons, including patients, staff and attendants. To
these may be added the families and 'friends of the em-
ployees and inmates. These, togetheir with the in-
inates and attendants of the' New York Training
School for Boys (which' has been authorized by law)
numbering some 800 to 1,000, and their families and
friends, will eventually make a colony of probably
15,000 persons.

The site is ideal; the natural scenic beauties of the
surrounding country and its healthfulness attract
many summer visitors, and from this standpoint the
selection of this site by the Commissioners is to be
commended, but the niore serious and important con-
sideration affecting the health of a great city are para-
mount.

That it is a grave mistake to locate within the water-
shed any institution which shall produce Over half
a! million gallons of s6Va;ge daily will admit of no argu-
ment. The very presence of the people in a watershed,
the water of which is used for domestic puirposes, is a
menace iii itself. - ;

The encroachment upon the Croton watershed at
many oth!er points is a' source of great anxiety to New

1140 Public Papers of G-oveenoe Sulzer

York City's Water Commissioners and the cost of
maintaining a proper patrol to prevent pollution is
over $100,000 a year. The prohibitive price at which
realty is held makes any extensive acquisition of prop-
erty impracticable.

There are now a few sanitariums located within the
watershed, but they have been there for some time and
represent a large investment ; it may be possiblie to re-
move them at some future time. But with these en-
tirely new schemes the Legislature should. intervene
and prevent further population of this district, . and
that too, before a large amount of money, is expended
for these particular institutions.

In defense of the establishment of these institutions
within the watershed, the statement is made that water
has a tendency to purify itself as it flows. This cannot
be depended upon ; many epidemics can be cited as the
result of this method of water purification.

As further defense of the scheme it is maintained
that sewage can be purified until it is cleaner than the
average municipal water supply. This is a positive
and well-known fact, but no matter how excellent the
design or efficient the plant constructed, the mainte-
nance depends upon the man in charge, who at best is
fallible and all too often careless and sometimes wil-
fully neglectful. The serious consequences which
would follow one day's neglect of the proper opera-
tion of a sewage disposal plant, which would result
in carrying pathogenic germs from the patient in the
hospital to the water gupply is a risk which should
not and cannot be taken. Effluent from sewage dis-
posal plants should, if possible, be discharged into
nonpotable waters.

Not only is there danger from the sewage which
actually passes through the purification plant, but in

Miscellaneous 1141

addition there is great danger arising from the sew-
age, sputum, etc., which will eventually be scattered
over the land of the two institutions and the surround-
ing territory by the inmates, attendants, etc., during
their walks and rambles. During winter weather,
when the ground is frozen and incapable of absorbing
this material, a rain or sudden thaw, resulting in the
rain or snow water washing directly over the ground
surface, and not through the soil, will carry this pol-
luting material directly and rapidly into the Croton
water supply.

The Metropolitan Life Insurance Company pur-
chased,, in 1910, a farm in the Croton watershed and
applied to the State Board of Health for permission
to build a sanitarium for the treatment of tuberculosis
patients. The special attention of the officers of the
Metropolitan Life Insurance Company was called to
the. grave danger to the citizens pf the metropolis and
the project was immediately abandoned.

Recently the supervisors of Westchester county ap-
plied for permission to locate a county tuberculosis
hospital (also designed to be located at Yorktown
Heights) "vvithin the watershed. This was defeated,
notwithstanding the fact that Mr. Homer Folks, one
of the health committee recently appointed by Your
Excellency, strongly advocated it before the State
Commissioner of Health as well as through appeals in
the daily newspapers. Public sentiment against this
proposition prevailed and the application was denied.

We shall introduce a bill prohibiting the establish-
ment of similar institutions within the watersheds
(Croton and Catskill) from which New York city de-
rives its water supply, and pending the enactment of
such legislation we request that you instruct the State

1142 Public Papees of Govebnok Sulzeb

authorities to withhold approval of the plans now be-
fore them, and that no further work be done or ex-
pense incurred on the aforesaid prbjects.
Respectfully,
(Signed) EDWARD HATCH, Jb.

Chairman.

Reply op Goveenoe Sulzee

State op New Yoek — Executive Chambeb

Albany, April 14, 1913

Edwabd Hatch, Je., Esq;, Chairman, Merchants' Asso-
ciation of New York, 54 Lafayette Place, New
York City:

My Dbae Mb. Hatch.— Your letter duly received. I
will take the matter up with the officials of the State
and give all that you say very careful consideration
and investigation. Am very deeply interested in- the
whole subject-matter.

With best wishes, believe me as ever,

Very sincerely yours,
(Signed) WM. SULZER

Letteb peom Homee Folks

Room 702 105 East 2'2d Steeet, New Yoek

April 17, 1913

Hon. William Sulzee, Executive Chamber, Albany,
N. Y.:

My Deae Goveenoe Sulzeb. — I notice that Mr.
Hatch, of the Merchants' Association, has sought to
enlist your interest in preventing further construction
of the New York State Training School for Boys, and
the Mohansic State Hospital, on account of alleged

Miscellaneous 1143

danger to the water supply of the City of New York.
I was a member of the commission which selected the
site for the Training School for Boys. The site is not
in the water shed, but the outlet from the lake on -which
it joins ultimately finds its way to the water supply.
We were not so unwise as to select this site without the
best expert advice. I personally consulted both the
New York State Health Department and the New
York City Health Department, and received from each
of them the strongest assurances that they did not re-
gard the establishment of the school on the proposed
site as in the least degree a danger to the City of New
York. In fact, the New York City representatives
assured me that they would greatly prefer to have a
population on the water shed in the form of an insti-
tution, whose sewage plant they could control, rather
than a scattered population, which is under no such
organized, control as to the disposal of its sewage. The
State Health Department also analyzed the various
sources of water supply for this commission, and
formulated rules for the protection of the water of the
lake from pollution from nearby residents.

The question, of course, is one for experts, and it is
conceivable that experts sihould change their minds. I
suppose there is no higher authority in sanitary engji
neering than Mr. Eudolph Hering, who is president of
the Public Health Association and who is admitted by
engineers of the Department of Water Supply, Gas
and Electricity, to be the head of the profession. He
testified that there was not the slightest danger to
New York City from the location of the Westchester.
County Tuberculosis Hospital, actually witMn the
limits of the water shed. The engineers of the Lederle
Laboratories testified to the same effect.

1144 Public Papebs oj? Goveewoe Sulzeb

I do not wish to object in any way to thte: fullest in-
quiry being made, but I should like you to know that
the Site Commission of- the New York State Training
School for Boys secured the approval both of the New
York City and New York State Health Departments,
before selecting the site.
I am,

Sincerely yours,
(Signed) HOMEE FOLKS

In Relation to the Yonkers Railroad Company and the
Strike of its Employees

Lettee feom Attoeney-Geneeal Thomas Caemody

State of New Yoek — Office of the Attoeney-

Geneeal

Albany, January 10, 1913

Honorable William Sulzee, Governor, Executive
Chamber, Albany, N. Y.:

Deae Govbenoe Sulzee. — The tie-up of the street
cars in the city of Yonkers since January 1st seems to
me to be. a matter of sufficient importance that I call
your attention to it.

The question came before me to-day upon the peti-
tion of Hon. James T. Lennon, Mayor of the City of
Yonkers, asking that proceedings be commenced by
the Attorney-General against the Yonkers Railroad
Company, to compel the company to move its cars or
for the commencement of an action dissolving its
charter.

An action to annul the charter is the only power the
Attorney-General has. Such a process I believe is too

Miscellaneous 1145

slow to dispose of the question involved. Since Janu-
ary Ij 1913, the Yonkers Railroad Company has run
no cars in the city of Yonkers, brought about, as the
rail-company claims, by a strike of its employees.

Frederick W. Whitridge, Esq., President of the
Yonkers Railroad Company, appeared in opposition
to the petition and made a lengthy statement of the
causes which brought about the strike, the principal
and important part of which is that an appointment
was made 'by him of a motorman from outside the city
of Yonkers and that the operators employed upon the
Yonkers Railroad Company declined to instruct him
in the' performance of his duties and went upon a
strike rather than submit to his employment. I am
informed the operators justified their strike on the
ground that an agreement has been in existence for
some time between a former receiver of the railroad
and the operators, pursuant to which all appointments
made for operating the cars should be taken from a
waiting list^ and that the appointment in question was
made in violation of that agreement. Mr. Whitridge
repudiates the agreement, but does not object to the
policy of appointing operators of cars from those re-
siding within the city of Yonkers.

i\fr. Whitridge claims that the strike is 'continued
because' of the provision in the charter in the city of
Yonkers, which is as follows:

" No person shall act as motorman or conductor
on any street car operating in tlie city of Yonkers
unless he shall have first received fifteen days' in-
struction on the Various lines in the city, the last
day of such instruction to be under the super-
vision of a competent instructor, who shall certify
to the fitness of any applicant."

1146 Public Papers oe Goveenoe Stjlzer

It is claimed by the president of the road that this
provision prevents employment ; of outside motormen
and conductors, and thereby results in a tie-up.

In view of this remarkable state of facts, where the
appointment of a single man, in violation of what is
conceded to be a proper policy, has brought about a
strike which results in a tie-up of the, whole street car
system of the city of Yonkers and the great incon-
venience of its 90,000 people, and in view of the neces-
sity of prompt and effective action for the purpose of
putting an end to tMs intolerable condition I desire to
call Your Excellency's attention to the provision of
section 51 of the Public Service Law which gives to the
Public Service Commission ample power to start pro-
peedings to compel the railroad to move its cars. The
Public Service Commission may make such orders as
to them seem suitable, reasonable and necessary to
compel the company to furnish traffic and freight
transportation to its patrons.

Section 56 of the Public Service Law imposes a pen-
alty of $5,000 where a corporatiojn fails to carry out
an qrder of the Public Service Commission. Every
day of violation is a separate offense,

I bring the matter to Your Excellency's attention,
not for the purpose of at all reflecting upon the Public
Service Commission, but in view of the crisis that
exists, believing that more prompt and efficient action
may be brought about by this course.
Very respectfully yours,
(Signed) THOMAS CARMODY

Attorney-General

Miscellaneous 1147

Letter of Governor to Public Service Commission,
Second District

State of New Yobk — Executive Chamber

Albany, January 11, 1^3

To the. Honorable The Public Service Commission,
iSBQOfND District, ^i6a«i/, ^T. r.; ,

GrBNTLBMEN. — I beg to hand you herewitli a copy of
a letter this day received from the Attorney-General
relative to the pending tie-up of the street cars in the
city of Yonkers. I respectfully request that your Hon-
orable Board take immediate action in the matter to
compel the Yonkers Street Railroad, and any other
company or persons that may be interested, to run and
operate street cars in the city of Yonkers for the ac-
commodation of the citizens.

Your attention is directed to sections 51 and 56 of
the Public Service Commissions Law, under which, as
I am advised by the Attorney-General, you have ample
and sufficient authority to correct the existing intoler-
able conditions. I request that you make report to me
of your action in this matter, as soon as practicable.

Very respectfully,
(Signed) WM. SULZER

In the Matter of Dr. Eugene H. Porter, State Commis^
sioner of Health

Statement by 'Governor on the Continuation of
Dr. Porter as Commissioner of Health in the
.Important "Work op Reorganizing t^e Depart-
ment Under the New Law
" It is gratifying to announce, ' ' said Governor
Sulzer, '' that Dr. Porter has informed me that he iwill
continue in charge of the very important work of re-

1148 Public Papeks Of Gtovernob Stjlzbb

organizing the State Department of Health under the
new law which I had passed in the last session of the
Legislature.

' * Dr. Porter is peculiarly qualified for these duties,
and to do the work of this very responsible office.

'* I stated at the beginning of my term that there
should be no politics in the Health Department. I
meant it. No agency of the Grovernment comes nearer
home to every man, woman and child in the State than
the Health Department.

" Early in my administration I appointed a high
class commission to investigate health matters. This
commission did a great work, and made a masterly
report on the subject-matter, which I sent to the Legis-
lature, together with a bill to carry these recommenda-
tions into effect.

' ' The bill became a law, and with the Health Council
recently appointed by me and the continued efficient
service of Dr. Porter, I feel confident much good will
be done in the next few months to improve health con-
ditions in our State and minimize the death rate among
the people.

" To that end," said the Governor in conclusion,
' ' we shall all work together for greater improvement
in health matters. Dr. Porter and the Health Council
certainly have a splendid agency at their command in
the new Health Law to this accomplishment."'

To Enforce Law Relative to Gambling-

May 6, 1913
Governor Sulzer on this date sent the folldwing
letter to

Hon. Chas. T. DeMott, Sheriff of Nassau County.
Hon. Geo. Emener, Sheriff of Queens County.

Miscellaneous 1149

Hon. Chas. B. Law, Sheriff of Kings County.

Hon. Julius Harburger, Sheriff of New York County.

Hon. Chas. N. Wysong, District Attorney of Nassau
County.

Hon. Matthew J. Smith, District Attorney of Queens
County.

Hon. James C. Cropsey, District Attorney of Kings
County,

Hon. Chas. S. Whitman, District Attorney, New
York County.

Hon. Bhinelander Waldo, Police Commissioner of
the City of New York.

Dear Sir. — Information having been brought to my
attention that horse racing will shortly be renewed in
your county, I hereby direct you to take all necessary
measures and precautions to renforoe the laws ; to use
all the means within your power and authority to
secure the strict enforcement of the laws in regard to
gambling, or any other illegal, unlawful and improper
practices or acts, relating to poolselling, bookmaking,
or any other kind of gambling ; and further to prevent
all wagers, bets, or stakes, made to depend upon any
horse race, in the nature of gambling within your
county. , .

Your attention is specifically dir^eted to Article I,
section 9 of the State Constitution, and to Article 88
of the Penal Law, entitled " Gambling;" especially
under said article, to sections 986, 991 and 997 of the
Penal Law.

You will be held strictly accountable for the per-
formance of your duty in the premises.

Very truly yours,
(Signed) WM. SULZEE

1150 Public Papbes of Govebnoe Sulzeb

The Goyernor received the following replies :

Feom Police Commissioner Rhinelandee "^aldg

Office of the Commissiqneb
. ,, ;: May 7, 1913

Police Depaetment

[sealJ
City of New York

His Excellency William Stjlzbb, Governor, State of
York, Albany, N. Y. :
Sib.— I have the honor to acknowlfedge ' receipt ' of
your letter of May 6th, with refel-ence to the resump-
tion of horse racing. This matter will 'be given every
attention.

Very respectfully,

(Signed) R. WALDO

Police Commissioner '•

Feom District Attorney Matthew J. Smith, Queens

County

District Attorney's Office,
■Queens County, N. Y.

Long Island City, May 7, 1913
Matthew J. Smith . :

District Attorney

His Excellency William Sulzeb, Governor of the
State of New York, Albany, N. Y.:
HoNOBABLE AND Dbar Sie. — :I beg respectfuUy to ac-
knowledge receipt , of , your letter of the 6th instant
relative to the enforcement of the law regarding
gambling, , and I assure you that you may with full

Miscellaneous 1151

confidence rely oh me doiiig my duty in the matter. I
have ha,d, tjtie matter under advisement >vith a view to
seeing that thp, law shall be strictly complied with.
RespecJ;fiilly yours,
(Signed) MATTHEW J. SMITH " ■
District Attorney, Queens County

From Distbigt Attorney Charles N. Wysong, Nassau
:.:.-.■ :.' 1 County

District Attorney's Office
Nassau County, N. Y.

MiNEOLA, Mai/ 8, 1913
Charles N. Wysong
District Attorney

Charles T. McCarthy

Assistant District Attorney
Hon. William Sulzer, Albany, N. Y.:

Dear Sir. — I have your letter of May 6th relative to
the possible infringement of the law at Belmont Park
during the June meet. It will give me great pleasure
to co-operate with you in the enforcement of the law,
and with the other officials chatged with that duty.
Yours very truly,
(Signed) CHARLES N. WYSONG

District Attorney,

1152 Public Papeks of Govehnok Sulzek

From- Shebifp Charles B. Law, Kings County

Office of the Sheriff of Kings County

186 Remsbn St., Borough of Brooklyn
New York City, N. Y.
Charles B. Law

Sheriff

Hon. William Sulzer, Governor of the State of New
Yor1c,Alham.y,N.Y.:
Dear Sir. — Your letter of the 6th instant, stating
that it has been brought to j'our attention that horse
racing will shortly be renewed in my county and di-
recting me to take all necessary measures and pre-
cautions to enforce the laws concerning gambling, has
been received. Kindly permit me to say that this office
will do its full duty in the matter.

Very respectfully yours,
(Signed) CHARLES B. LAW

From District Attorney James C. Cropsey, Kings

County

District Attorney 's Office — County of Kings
Brooklyn, N. Y., May 8, 1913
James C. Cropsey

District Attorney

Hon. William Sxtlzer, Governor, Albany, New York:
Dear Sir. — Your letter of the 6th instant, calling
my attention to the fact that it is reported that horse
racing will be renewed shortly in this county and di-
recting me to take all necessary measures and precau-
tions to enforce the laws in regard to gambling or other
illegal, unlawful and improper practices or acts relat-
ing to pool selling, bookmaking, or any other kind of

Miscellaneous ■< 1153

gambling, and to prevent all wagers, bets or stakes,
made to depend upon any horse race, in the nature of
gambling Avithin this county, and calling my attention
to article J, section 9 of the State Constitution and to
article 88 of the Penal Law, and especially toi se^ions
986, 991 a»d 997 thereof ,apd adding that I will, be beld
accountable for tbe performance of my duty in the
premises has been received.

The matters in question will receive attention and I
beg to assure you that I will endeavor to faithfully
perform my duties, with reference tbereto.
Respectfully,

JAMES C. CROPSEY

District Attorney

The Governob Received a Lettee from Arthur 3bis-
BANE, Editor op the Evening Journal, and Re-
plied AS Follows

State of ■ Mew York — - Executive Chamber

Albany, Mat/ 27, 1913

j^BTHUR Brisbane, Esq., Editor of theEvening Journal,
New YorJc City: j

My Dear Mr. Brisbane.-— Your letter and editorial
just received. I have kept in touch with the good work
you are doing to stop gariibling on the race tracks, and
you certainly deserve commendation. I am just as
much opposed to gambling oil the race tracks as you
are, and will rigidly enforce the laws of the State with-
but fear or favor.

To that end I wrote a letter to the district attorney

and the sheriff of the various counties in and around

Grreater New York. A cppyof Has letter was given

to the press and publish^^.in naost of the newspapers.

37

1154 Public Papees of Gtoveenoe Sulzee

However, I think the Evening Journal did not pub-
lish it. The letter to the sheriff and the dis'trict at-
torney of Nassau county is as follows: ■i-iU

" Deae Sie.— Information having been b'rdtight
to my attention that horse raciig will shortly be
renewed in your county, I hereby direct 'you to
take all necessary measures and precautions to
enforce the laws; to use all the means within your
power and authdrity to secure the strict enforce-
ment of the laws in regard to gambling, or any
other illegal, unlawful and improper practices or
acts, relating to pool selling, bookmaking or any
other kind of gambling, and further to prevent all
wagers, bets, or stakes, made to depend upon any
horse race, in the nature of gambling within your
county.

" Your attention is specifically directed to ar-
ticle 1, section 9 of the State' Constitution, and to
article 88 of the Penal Law, entitled. ' gambling ; '
especially under said article, to sections 986, 991
and 997 of the Penal Law.

" You will be held strictly accountable for the
performance of your duty in the premises."

The answer I received from the district attorney of
Nassau county is as follows :

" Deap Sie. — I have your letter, of May 8th
relative to the possible infringement of the law at
Belmont Park during the June meet. It will give
me great pleasure to co-operate with you in the
enforcement of the law, and with tiie othier offiqials
charged with that duty."

I hope you can publish these letters. I shall adhere
tenaciously to just what I said in them, and if there is

Miscellaneous 1155

any gambling on the Belmont Park race track, or any
violation of the law, I shall hold these officials respon-
sible and promptly take such action in the premises
as I am authorized to do. by virtue of the laws of the
State.

Hope you will continue to relax no effort in the good
cause. You and all friends of law and order can
count on me to do my duty." There must be no gam-
bling on the race tracks, or anywhere else in the State.
The law is supreme and must be obeyed by all.

With best wishes, believe me,

Very sincerely yours,

WM. SULZER

XII

PART 2

niSCELLANEOUS

(Extraordinary Session)

[1157]

XII
PART 2

MISCELLANEOUS
(Extraordinary Session)

Relative to Violations of Law on Race Tracks, Being a
Continuation of Correspondence During the Regular
Session of the Legislature

Letter to Disteict Attoeney Chaeles N. Wysong,
Nassau County

State of New Yoek — Executive Chambeb

Albany, June 18, 1913

Hpiii Chaeles N. Wysong, District Attorney, Port
Washington^ N.Y.:

Dear Sie. — I call your attention to the article in this
morning's New York American relative to violations
of law on the Belmont race track, and- request that you
investigate this niatter without delay with every
agency at your command, and advise me promptly
what steps you are taking in the premises.

As I have advised you heretofore, there must be no
gambling on the race tracks in your county. I Shall
hold you strictly accountable for the rigid enforce-
ment of the laws. I have heard nothing from you re-
garding the letter I directed Mr. Taylor, counsel to the
Governor, to send you several: days ago. You musit act
quickly on the charges of Mr. Brisbane in the New
York American and the New York Evening Jott^taZ.
Let me hear from you as to what action you have taken,
if any, and what you contemplate doing, if i anything.
I shall expect an answer to this letter Thursday. .

Very truly yours,
(Signed) WM, SULZER

[11&9]

1160 Public Papebs of-Goveknor Sulzeb

i v; ■■(
Eeply of Distbict Attorney Wysong, Nassau County

District Attorney's Office
Nassau County, N. Y.

MiNBOLA, JiMe 18, 1913'

Hon. Wm. Sulzer, Alhany] N. Y.:

Dear Sib. — Your letters are sent to Port Washing-
ton,-eonseq^uently, there is a delay in my getting them.
My official address is Mineola, N. Y.

Eelativeto the letter I received from Mr. Taylor,
I beg to advise you that I answered it by telegram
yesterday.

Yoii' cannot be nearly so interested in seeing that
no violation of the law occurs at Belmont Park as I
am, therefore, I think you can count upon me ftilly
to co-operate with you, and to carry out your wishes to
the full exterit of'the law.

In the matter of the Brisbane charges I have to in-
form you that we have no grand gury in this county
until October, but I have arranged; with tjie county
judge? to sit as a committing magistrate and to hold
a John Doe proceeding to investigate fully the Bris-
bane charges.

The hearing is set for Thursday morning, June 19th,
when I expect to have present, Mr. Brisbane, and such
officers of the Burns detective: agency as I can get
hold of.

You will notice from the reports that the names of
the operators who got- this alleged; evidence are not
given. Mr. Brisbane showed a disinclination to aid me
in prosecuting these alleged offenders in any way. In
a telephone communication with him early on Monday
morning he promised that! would have a copy of this

Miscellaneous 1161

information and that you would have a copy prior to
publitoation. I did not get it, however, until after the
newspapers were out.

I personally attended at the racetrack yesterday, and
am able to say from personal observation, that there
was no open and public gambling on the track. There
was one fellow who passed some money, but it is doubt-
ful to my mind whether they have sufficient evidence
against him tp, prosecute.

Yours very truly, ,,,,

. , ( Signed), ' ,CH4,EL1JS N.. WYgONG

,,.;j .,,,I)i$frictAUorneyi.

Letter to District Atxobney Wysong, Nassau County

.: . June 24, 1913

Hon. Charles N. Wysong, District Attorney, Nassau
County,'Mineola, New Fork: "'

Dear Sir.— I have received a copy of the testimony
adduced before Judge Neimann, taken on June 19th to
21st, inclusive, relative to gambling at Belmont Park
and Piping Ko©k race tracks, and beg to advise you
that from my examination of this evidence, it is very
clear to my mind' that the' statutes of the State, cover-
ing the subject matter, have- been openly violated;

It is my purpose, as I have already advised you, to
require and insist upon a strict enforcement of the
statutes which prohibit gambling;

I haye alreacJ^ referred you specifically to 'certain

sections of the Penal Law, and desire at this time to

again cair your attention particularly to Section £173

of the Penal Law, which, among other things, provides :

.f,^.''Any corporatioff,, qr ^association or fffe ,offi,cer^.

thereof, or any copartnership or individual, who

1162^ Public Papees of Gtovebnor Sulzee

keeps a room, shed, tejit, tenement, booth, build-
ing', float or vessel, or any other enclosure or place
or any part thereof, used for gambling or for
any purpose or in any manner forbidden by this
article, or for making any wagerp or bets * * *
or being the owner or, a;geiit knowingly holds, or
permits, the same to be so usecl, is guilty of a mis-
demeanor. ' ' , , , , ,

My attention has been called to the fact that in cer-
tain editions of the Penal Law, for example in Cook's
'Criminal' Code (24th Ed. 1912'), this statute is incor-
rectly printed. It there appears as follows :

''Any corporation or association or the officers
thereof, or any copartnership or individual, who
keeps a room, shed, tent, tenement, booth, building,
flo^t or vessel or any, other enclosure or place or
any part thereof, to he used for gambling, etc."

Chapter 487 of the Laws of 1910, which took effect
September 1, 1910, amended this section in two very
important particulars : (1) It omitted the words " to
be; "and- (2) inserted the words "or in any other en-
closure or place."

I deem that you. will agree with me that uncontra-
dicted evidence is now in your possession, which shows
a violation of section 973 of the Penal Law, as it now
stands upon the statute books, and that for such viola-
tion, the corporation, or association, or the officers
thereof, or any copartnership or individual who keeps
or maintains the inclosure or place or any part thereof,
where the gambling takes place, is guilty of a misde-
meanor.

I respectfully request and direct that you take im-
mediate action againist the proper individuals, corpo-

Miscellaneous 11G3

rations or associations who have violated the law in
this, or in any other particular, and as I have before
advised you, I shall hold you strictly accountable for
the performance of your duty in this respect.

I also beg to advise you that it has been called to my
attention that further and conclusive evidence exists
that gambling has occurred at the pl^es stated, and
should you deem it essential that further evidence be
secured, upon request I shall furnish you with the
names of additional witnesses, whose evidence you
can obtain through proceedings similar to that which
were instituted as above stated before Judge Niemann.

Kindly advise me at your earliest opportunity of
what action you have taken in the premises. ',

Yours truly,
(Signed) WM. SULZEE

CoNCEKNiNG Gambling AT Belmont Eace Teack, Grov-

EKNOR SULZEK SeNT THE FOLLOWING COMMUNICA-
TIONS TO-DAY, June 24, 1913

State of New Yoek — Executive Chambee

Albany,, June 24, 1913

Hon. Charles N. Wysong, District Attorney, Nassau
County, Mineola, L: I., N. Y.:
My Dear Sir. — I am; directed by Governor Sulzer
to advise you that Eev. William Sheaf e Chase, of 481
Bedford avenue, Brooklyn, will call upon you during
the next few days, and submit to you a list of names
of witnesses, who will be able to give you evidence 'of
the fact that gambling has taken place at the Belmont
Park and Piping Eook race track courses.
' Very respectfully,

(Sighed) VALENTINE TAYLOE) ,( i ,
Counsel to the Governor

1164 Public Papers oe' Govubnok Sulzek

State of New York — Executive Chamber

Albany, June 24, 1913
Hon. Charles de Mott, Sheriff ,< Nassau County, Min-
eola,L.I.,N.Y.: ■■'■•
Dear Sir. — I inclose copy of a'letter which. I have
this day sent to Hon. Charles N. Wysong, district at-
torney of Nassau county, for your information and
consideration.

I again advise you that I shall hold you strictly re-
si>olisible' for any violation of the law in regard to
gambling within your county, aiid request that you
make report to me at once of what actions or precau-
tions you have taken to enforce the law in this respect.
Awaiting your early reply, I remain;

Yours truly,
(Signed) WM. SULZER

Letter from Sheriff De Mott, Nassau Oounty

Charles T. De Mott, Shepxff of Nassau; Oouk.ty
MiNEOLA, N. Y., June 26, 1913
Hon. William Sulzbr, Governor, State of New York,
Albany, N. Y.:

Dear Sir. — ^Your favor of the 241;h instant, in which
you advise me that you will hold ine strictly respon-
sible for any violation of the law in oregard to gambling
within my county, and request that I make report to
you at once of what actions ' or precautions I have
taken to enforce the law is at band.

In reply I would respectfully state that I, have
twenty-eight deputy sheriffs on duty at the track, and
have instructed them, to immediately take into custody
any person making book on the races, and to keep a
sharp lookout that no book-making takes place.

Miscellaneous 1165

I also cover the grounds very thoroughly in person,
and can assure you that anyone violating the law will
be immediately taken inito custody.

In s^ddition to my deputies t*he Westchester Racing
Association has also a large staff of Pinkertdn detec-
tives employed to see that the law is not violated.

In view of the decision of the Appellate Division
of the Supreme Court of this department, and the
opinion of the county judge of.i^assau county I think
you will agree with me that I am not justified in ar-
resting any person not a professional gambler, for
making an oral bet with a friend. ,

I note what you say in regard to the crimin£|,l lia-
bility of the corporation associations or the officers
thereof, conducting the race meeting. I ujidersta^d
that the district attorney intends to start proceedings
against the officers of the association. ,

Upon the issuance of a warrant to me by the proper
authorities for the arrest of any officers of the associa-
tion I will execute it at once. If there is anything more
that you can suggest that I can do to obey the law as
the courts interpret it, I will be glad to obey your
wishes in the matter, I beg to remain,

Yours respectfully,
(Signed) CHAS. T, DE MOTT

Sheriff of Nassau County

1166 Public Papeks of Governor Sulzeii

Letters from District Attorney Wysong, Nassau
County

District Attorney's Office

MiNBOLA, June 26, 1913

Hon. William Sulzbr, Governor of the State of New
York, Albany, N. Y.:

Sir. — Your letter of June 24th has been received
and the matters therein contained vs^ill have my im-
mediate attention.

I assume you have received my letter containing a
copy of Judge Niemann's opinion before this.

Might I suggest to you that the Legislature novi^ in
session could pass a law similar to section 17l2 of the
Penal Law, which would make it very easy to prevent
booltmaking of any sort or description.

Section 1712 provides as follows :

' ' A person who bets, stakes or wagers money or
other property, upon the result of such fight or en-
counter, or who holds or undertakes to hold money or
other property so staked or wagered, to be delivered
to or for the benefit of the winner thereof, is guilty of
a misdemeanor."

By substituting. the w'ords " horse race " for " fight
or encounter ' ' ohr burden would be comparatively
light.

Very truly yours,
(Signed) CHARLES N. WYSONG

District Attorney

MiSOELLANEOTJS 1167

District Attobney's Office
Nassau Couitty, N. Y.

MiNEOLA, June 30, 1913

Hon. William Sulzer, Albany, N. T.:

Dear, Sir.— Qanoii CJiase, accompanied by Mr,
S^aim,i;ieliMarcus, a,^torney f.or , the Society for the Preven-
tipn of .Qrime,jand Mr. Bar^^r, superintendent pf the
same society, called upon me and presented to me, this
morning, ,t]^je eyidence he was .able to, collect through
the agency of the Society for the, Preyention of Crime.
The evidence is now being analyzed, ajid if. possible, a
f onji pf actipii will be taken which the gentlemen above
mentioned have agreed with me will be the most effica-
cious. I shall be very glad to advise you so soon as
the action is taken.

Yours very truly,
(Signed) ' CHARLES N. WYSONG

District Attorney

Ijetteb prom Valentine Taylor, Counsel to the Gov-
ernor, TO District Attorney Wysong in Reply

State of New York — Executive Chamber

Alban-^, July 1, 1913

Hon, Charles Ni Wysong, District Attorney Nassau
County, Mineola, Long Island, N. Y.:

Dear Sir. — Governor Sulzer directs me to advise
you that he has given consideration to your suggestion
that the present law relating to gambling be amended,
and has concluded that the law in its present form is
sufficient, if properly enforced; to prevent gambling
within your jurisdiction.
, I am further directed to request that you furnish

1168 Public Papers of Govebnoe Sulzeb

this Department with a copy of any and all testimony
you may secure which may be submitted to you by
Rev. William S. Chase, of Brooklyn, or by any other
person, concerning this subject matter.

The Governor expects you to take the necessary
action to rigidly and promptly to eiiforce all pro-
visions of existing law, to the end that gambling be
prohibited within your county and violators of the law
be speedily punished.

Awaiting yoiir early reply, I beg to remain.
Very respectfully,
(Signed) VALENTINE TAYLOE

Counsel to the Governor

Reply or District Attorney Wysong

District Attorney's Office
Nassau County, N. Y.

MiNEOLA, July 23, 1913
Charles N. Wysong
District Attorney

Mason Trowbridge , ;

Assistant District Attorney

Valentine Taylor, Esq., Counsel to the Governor,
Albany, N. Y. :
Dear Sir. — I have your letter of July 21st, and in
reply to you would state that no additional evidence
has been presented to me since my letter to you of
July 3d. I will again state to you that all evidence
adduced will be presented to the next grand jury.

What method would you suggest that we pursue in
order to close the track?

Very truly yours,
( Signed) CHARLES N. WYSONG > '

District Attorney

. Miscellaneous 1169

Reply of Valentine Taylor, Counsel to the

GOVEBNOB i

State of New Yobk ^Executiye Chambeb

Albany, July 25, 1913 ■
Valentine Taylor

Counsel id the Gomf nor '
Hon; Charles N. Wysong, District Attorney Nassau
CQunty, Mineola, N. Y.:

,..X>EAR Sir.— Xpu^;_jl,e|;)t^r;d^ted July 23, 1913, rec^i+y.ed
BLT^d. coot^nts duly i Ji-Qt^d. , ; ,

It is respectfully suggested that you follow any legal
method or course within your discretion thiit will be
effective to close th,e i^i^ce track. ,

Very respectfully, . ,
(Signed) VALENTINE TAYLOE

(Jojmsel to the Governor

In Relation to Race=track Gambling, Saratoga County

GOVEBNOE SULZEE IsSUED THE FOLLOWING LeTTEBS TO

THE Officials- of Saratoga" County Concerning
Horse Racing '

To. Lawrence ^. MgKelvey, District Attorney

State of New Yjobk — Executive Chambeb

Albany, JtiZj/; 23y 1913

Hon. Laweence B. MpKelvey, District Attorney , Sara-
toga County, Saratoga Springs, N. Y .:
X)B^b Sir. — Information having been brought to my
attention that horse racing will shortly be renewed in
your county, I hereby; direct you to take all nec'essary
measures iaj^dpreeaijtions to enforce th^ laws; to ijse

1170 Public Papers of Goveenoe Sulzeb

all the means within your power and authority to
secure the strict enforcement of the laws in regard to
gambling, or any other illegal, unlawful and improper
practices or acts, relating to pool-selling, book-making,
or any other kind of gambling ,: and further to prevent
all wagers, bets or stakes, made to depend upon any
horse race in the nature of gainbling within your
county.

Your attention is specifically directed to article I,
section 9, Of the State Constitution, and to article 88
of the Penal Law, entitled "Gambling;" especially
under said article, to Sections 986, 991 and 997 of the
Penal Lalw.

You will be held strictly accountable for the per-
formance of your duty in the preriiises.

Very truly yours,
(Signed) WM. SULZER

To Clarence L. Geippen, Sheeipp

July 23,' 1913

Hon. Clai^ence L.Grip^en, /Skeriff , Saratoga County,
Corinth, N.Y.: ,,■;,;:

Dear Sir. — Inf orttiation haying been brought to my
attention that horse racing will shortly "be renewed in
your county, I hereby direct you to take all necessary
meaisures and precautions to enforce the laws; to use
all the means within your power apd authority to
secure the strict enforcement of tte laws in regard to
gambling, or any other illegal, unlawful and improper
practices or acts, relating to pool-selling, book-making,
or ainy Other kind of gainbling; and further to prevent
all wagers, bets or stakes, made to depend upon any
horse race in the nature of gambling within your
county.

:, ! Miscellaneous 1171

Your attention is specifically directed to article I,
section 9, of the State Constitution, and to article 88
of the Penal Law, entitled " Gambling; " especially
under said article, to sections 986, 991 and 997 of the
Penal Law.

You will be held strictly accountable , for the per-
formance of your duty in the premises.

Very truly yours,
(Signed) WM. SULZER

Reply of Distbict Attobney McKelvey

July 26, 1913
Hon. William Sulzeb, Governor of the State of New
York, Capitol, Albany, N. Y.:

Deab Sib. — I acknowledge receipt of yoiir communi-
cation of July 23d, addressed to me as the district
attorney of this county, and have given the suggestion
therein contained that careful consideration which the
importance of the subject merits.

I have had in mind for some time the various consti-
tutional and statutory provisions to which your letter
calls attention, and hav6 made plans which I believe
will prove adequate to meet the situation and result in
the proper enforcement of the law.

It is my purpose to enforce these laws, as they are
written, to the extent of my power and understanding ;
and it is my hope that the work of the district at-
torney's office of this county may commend itself in
this, as in all other respects.

Appreciating the suggestion contained in your
valued communication, and assuring you that any fur-
ther directions will be accorded prompt attention and
careful consideration, I am

Yours very respectfully,

L. B. McKELVEY

1172 Public Papers of Goverkob Sulzke

Reply of Shbbipf Geippen

Shebiff.'s Office,, Sabatoga County

Ballston Spa, July 26, 1913

To his Excellency, the Governor, Albany, N. Y.:

Sib.— Your letter of July 23d is received. Periait
me in reply to say, that it has lieen my intention to,
and I will take all riecessa'ty measures and precautions
to enforce the laws, within the county of Saratoga, and
to use all mean^ within my power and "authority to
secure the strict enforcement of the laws in regard to
gambling, or any other illegal, unlawful and improper
practices or acts, relating to p6ol-selling, bookrmaking,
or any other kind of gambling, and further to prfevent
all wagers^ betSi or stakes, jnade to' depend, upon any
horse race, in the nature of gambling within said
county.

I shall be very glad to receive suggestions from you
at any time, as to the method of the perforpiance of
my duty in this respect, it being my intention and
desire to co-Operate with you fully injthis respect.
Very respectfully yours,
( Signed) CLARBNGE L. GEIPPEN ;

Sheriff of Saratoga County ■

MlSCEliLANEQUS 1173

In Relation to the New York State Nautical School, as
Provided \>y Chapter 322 of the Laws of 1913

GOVEBNOB StJLZEB EeCEIVED A LetTER FEDM THE HON.

JosEPHUs Daniels, Secbetaky of the Navy, Ask-
ing IE th;e Sbbvices op the " New'pobt " (HilEB-
TOFOEE Used by the Natttioal School, Maintained

BY THE BOABDi OF EDtTCATION OF THE CiTY OF NeW

Yoek) aee Still U'egently Needed by the State

.Grovernor Sulzeij replied,. as follows:

State of New Yoek — Bxecxttiv^ Ohambee

Albany, Jilly 9, 1913

To the Honomhlfi, Josephus Dan;iels, Secretary of the
Navy, Washington, D. C,:

Sib. — I kave received your letter of the 23d ultimo,
asMng wliejther .or not the services of the;" Newport "
as a nautical school ship are still urgently needed.

In reply, permit me ,to inform you that qhapter 332
of the Laws of 1913 of this State, provides for the.
maintenance of I a school for the education of pupils
from;th& various counties of the State in the science,
and practice of navigation. It is also provided that
in the event of the Board of Education of the City of
New York decidiiig. to discontinue the. New York Nau-
tical School and notifying the Governor of such in-
tention apd thci purpose of the city of New York to
transfer to tl^e Stajte the present |training ship
".Newport,". , the Governor sh,all appoint a Board of
Governors,, to consist of the Commissioner of Educa-
tipn and eight appointed members, to conduct a new
school, to be known as th^ New York State Nautical
School.

1174 Public Papeks op GtoveAnor Sulzeb

The course of action suggested in the law has al-
ready been followed by the Board of Education and
myself. I recently received from the Department of
Education, of New York city, a report, resolutions
adopted by that body, and a letter, of, which the fol-
lowing are copies :

To the Board of Education. — The executive com-
mittee on the Nautical School respectfully reports that
chapter 321 of the Laws of 1913, entitled "An act to
amend the Greater New York charter, in relation to a
nautical school," amends section 1157 of the Grreater
New York charter so as to give the Board of Educa-
tion of this city discretion in the matter of providing
and maintaining a nautical school, and that chapter
•322 of the Laws of 1913, entitled "An Att to provide
for the maintenance and government of a school for
the education and training of pupils from the various
counties of this State in the science and practice of
navigation, seamanships S'team and electrical engineer-
ing," authoriizfes the establishment and maintenance
of the New York State Nautical School, provided that
the Board of Education of the City of New York de-
cides to discontinue the nautical school no\y main-
tained by it and notifies the Governor of its intention,
etc.

The Board of Education on January 22, 1913,
adopted the following' resolution : . ;

Resolved, That the Nautical School maintained by
the Board of Education of the City of New York be
discontinued on and after October 31, 1913, and that
the proper steps be taken to return to the United
States Government the gunboat Newport, now used
for the purposes of the Nautical School, the same

MiscEiiLAjsruous 1175

beiijg CQupled with, a resolution requesting the Cor-
poration. Counsel to take steps toward the amendment
9jf section, 1157 of the , chaijter sul:?s,tan,tially as above
set .forth. '

The committee submits for adoption the foUowfng
resolutions:

Resolved, That the Board, of. Education of ,the City
of New York hereby declares its intention to discon-
tinue the New York Nautical School on October 31,
1913, and, .its purpose to .transfer to the State the
Training Ship ISIewport and the equipment now used
by said school, consisting of books, charts, instru-
ments, apparatus and supplies.

Resolved, That the' President of the Board of Edu-
cation be^ and he is hereby requested, to notify the
Governor of the State of the adoption of the foregoing
resolution and to inform him that the Training Ship
Newport will not be requii^ed for the purposes of the
Board of Education after October 31, 1913.

.Adopted by the Board of Education of ihe City of
New York at a meeting held on May 14, 19,13.

(Signed) A. EMEESON PALMER

Secretary

Department of Education, the City of New York,
" Office OF THE President, 500 Park Avenue^ .

, May 15, 1913

Hon. William Sulzer,. Governor, Albany, N. Y.:

Sir.— In accordance with the enclosed report and
resolutions adopted by the Board of Education in the
City of New Yorkat a stated meeting held on the four-
teenth day of May, 1913, I have the honor to notify

1176 Public Papers 6f Gtovee^oe Sulzeb

you of the intention of the BoaTd of Education to dis-
continue the New York Nautical School and of its pur-
pose to' transfer to the State the present training ship
and the equipment, consisting of books, charts, instru-
ments, appal-atu^ and Supplies iioW used By said school.
This action of the Board of Education was taken in
putsuahce of the provisions Of chapter 322 of the Laws
of 1913. " ; '

Respectfully yourfe, ' "' '' '

(Signed) T. %. dlitiftCHltL

President BoQfd of^^uc(itipn ,,

I have appointed as the Board of Governors of the
New York St^te Nautical School, under the act, the
following named :

' Jacob W. Milleb, of New York City, w^ho is a mem-
ber of the Ghantiber of Commerce of the State of New
York. '■"'-• ■-■ ■"■'' ■ ■

Eugene ¥. Moean, of !New York City, a member of
the Maritime Association of the Port of New York.

Henby M. Randall, of Brooklyn, a 'member of the
Marine Society angl its President.

Feed B. Dalzbll, of New York City, a member of
the New YorkiBo^rd of Trade and. Transportation. , ,

.John C. Hatzel, of Ne^v^ York- iCjty, ^ alumnus of
the New York Nautical School.

Edwin T. Douglass, of Buffalo, a member of tlie
Buffalo Chamber of Commerce. -' . , ';

Chaelbs H. Bissikummee, of Albany, member of the
Albany Chamber of Commerce.

Capt. GrEORGE L. NoETONj of New York City, a mem-
ber of the National BoaM of Steam NatigatiDiii.i ,

iriNatiJ-i !-ni Miscellaneous uriM H'^"

i^jln my raem^orandum approving of the law establish-
ing a State Nautical School, I said:'/ 7/-//; ynrcj-K
I'.tl have always been! strongly in favor of increasing
the efficiency of our merchant marine. I am a friend
of the great shipping interests of the United States
and have done all in my power to aid in a practical
way the restoration of our merchant marine. While
in Congress I introduced several bills,: thait if enacted
into law would give our own people our over-sea car-
rying trade. ;Av I'/i. ISU> ' ril'lfe" ■IVI'

ni The time is at hand to place the American Flag
again where it was before the Civil War, on every sea
and in every port. We must have more ships; they
must be manned by and owned by Americans. I will
vigorously support every measure to this end until our
prestige on the seas is again attained, qh' • hiv -nL

It is a deplorable! fact that our once great and pow-
erful deep sea fleet has vanished, and that an ever-
increasing fleet ofi foreign vessels throngs our ports
and monopolizes the carrying of more thah nine-tenths
of our import and. export commerce. y-x'i7

In view of the great need of the State of the services
of the Newport, if the purposes outlined in the' act
creating the State Nautical School are to be carried
out, I should greatly regret to learn of any action by
the United States Government which would deprive
the State of the use of the ship.

I think also, you will perceive from a copy of the
act establishing the New York State Nautical School
herewith enclosed, and my memorandum upon it, that
the State of New York is engaged in an enterprise lof
at National character, which will inure greatly to the
tbenefit of the Nation. !•)< ' ifiu / ifVA to tJ' »

.. We surely need something beyond the Naval Acad-
emy to train our boys in the science and practice of

1178 Public Papers op Goveenok Sulzbb

navigation, seamanship, steam and electrical esngi-
neering. New York is our greatest seaport. What
more practical step could be taken in behalf of its
great commerce than that which has been taken by the
establishment of this State Nautical School.

But I do not speak solely for the merchants of New
York ; I am thinking also of the merchants of the other
seaports of our country. The instruction obtained in
the school could not be limited to those only who would
serve in vessels sailing from New York; the pupils of
the school undoubtedly in many cases would seek em-
ployment elsewhere and thus their instruction would
be nation-wide in its effect.

I might add that I believe one of the essential ^teps
toward the re-creation of American commerce in
American ships with foreign lands, in every ocean, so
much desired, is the establishment of just such schools
as New York State has now established. I hope it will
receive encouraging support from the United States
Government.

Very respectfully yours,

(Signed) WM. SULZEE

The Secretary of the Navy replied to the Governor
as follows:

Office of the Seceetaey, Depabtment of the Navy,
Washington

July 11, 19l3

SiE.— Ibeg to acknowledge the receipt of your letter
of July '9ith, pointing out your wish that the Newport
remain assigned to the Public Marine School of the
City of New York until October 31st next, and that
thereafter the vessel still be available for similar duty

Miscellaneous 1179

with the New York State Nautical School that will
then be inaugurated.

Although the Department is disappointed in not re-
ceiving information that the services of the Newj)ort
might soon be dispensed with by the State of New
York, for there is a real need for that vessel in general
service, yet, for the present at least, the Department
will take no action toward the withdrawal of the New-
port from the State of New York ; for the Department
is desirous, of fostering in every practicable manner
the development of such nautical schools as the State
of New York has provided for.
Sincerely yours,

(Signed) JOSEPHUS DANIELS

His Excellency:

The Governor op New York,

Executive Chamber, Albany.

XIII

PART 1

CORRESPONDENCE

XIII

PART 1

CORRESPONDENCE

In Relation to Boxing Exhibitions

Letter peom' James R. Price, State Athletic Com-
missioner, Eeplying to Letter from Governor

SULZBR

New York State Athletic Commission, 41 Park Row,
New York City '

January 23, 1913

The Honorable William; Sulzer, Governor of New
York, Albany:

My Dear Governor Sulzer. — At the weekly meet-
ing of the State Athletic Commission yesterday, your
letter of January 16th to me was read to my colleagues,
as you requested. I also told them of the conversa-
tion I had with you last Monday night in Albany, at
which you reiterated your ideas about boxihg as out-
lined briefly in your letter.

The Commission decided unanimously to do every-
thing in its power to carry out your wishes to the let-
ter, and will take steps immediately to see that all
bouts are conducted on a clean, scientific basis, and
that all brutality or anything else offensive to the
moral sense of the public shall be eliminated from the
exhibitions.

The members of the Commission desire to thank ybu
for the expression of your wishes in regard to the way
in which you desire to have the sport conductied, and
beg to assure you that any further suggestions from
you will be followed by prompt action. Everything

[1183]

]184 Public Papers of Governor Sulzer

possible will be done by the 'Commission to elevate the
sport.

Thanking you for your interest in the matter, and
conveying to youi the well wishes of the Commission,
I am.

Faithfully yours;' •"•''''' ■'

,. ,, JAME^, E, PRICE :

,i^ftqtp Athletic .Commissioner

On the Subject of Activity of American Can Stocks

Letter from James B. Mabon, President of the New
"I York Stock Exchange

' ■ ' Albajty, Ffbraar?)' 12, 1913

New York Stock Exchange — President's Office

New York, February 5, 1913
To His Excellency , The Governor, Albany, N. Y.:

J)EA^ Sjb.- — Eeferring,, to, the .hearing before your
Excellency on January 31, in whijch the subject of the
great activity of American Can stocks was touched
upon, and with respect to which I said I would give
you further information, I beg to advise that further
inquiry has been pursued and CQ»firms the. statement
made to you, then, that the, large transactions recorded
were b.onfj, fide on the pjirt of the members of thp fix-
pl^ange., ., . :.|, ,,_ ,.,,. ^ ,,

.; .Examination of .th.^ master, shows ithat of 366 firms
doing an active business on January 30, 1913, 222 had
,tr^]?|S3.qt^QjpjS jji^^mpp-caUjCan stock; and on January
31, 1913, qfi 408 .firnis, 231, had triansactiojj^.. This re-
yeals, widespread activity on the part; of many firms,
representing many different in,terests and customers.
The firms having the largest orders to buy secured

CORBESPONDENCE II 85

stock from a great number of sellers, one large order
to buy being filled by 100 separate purchases. These
orders were received in the regular course of business,
with no evidence to .point to manipulation.

The situation of, the American Can Company was
that about 33 per cent, of past due dividends had ac-
cumulated on their preferred stock, and the ques-
tion as to whether their board of directors would or
would, not take action to provide for the settlement of
these dividends, together with the fact that the an-
nual report of the company was also shortly forthcom-
ing, was the occasion for the activity in these stocks
and the fluctuations in their price.

Yours respectfully,

JAMES B. LABON

Piesidoit

On the Subject of Minimum Wage Law for Women and
White Slave Traflfic

Telegram from Chicago Tribune and Reply of
Governor

Chicago, III., March 11, 1913
Governor William Sulzer, Albany, N. Y.:

Are you in favor of a minimum wage laAv for
women f If so, what wage? Do you favor a State
law or a national law? Will you co-operate with
Lieutenant-Governor Barrett O'Hara, chairman of the
Illinois Commission on White Slavery which is now
conducting an investigation leading to proposed legis-
lation for women in an effort to stamp out white slav-
ery traffic? Will you please telegraph us at our ex-
pense vour opinion on this subject to-night?

38 CHICAGO TRIBUNE

-1186 Public Papers of Gtovern'ob Sulzek

Albany, N. Y.,MM-ch 12, 1913
Editor, Chicago Tribune, Chicago III.:

In reply to your telegram just received I desire to
say that I favor a minimum wage law for women along
lines that, shall be just and fair to all concerned, fiave
written Lieutenant-Goveriio^ O'Hara that I will co-
operate in every way in my power to help stamp out
white slave traffic. ,

'" ' '■■ WM. SULZkR

Relative to the Date of Opening of Canals

Lettek from Duxcak W. Peck, Superintendent of

■■'''' ' Public Works
[copy]

Duncan W. Peck, Superintendent
William J. Mobri^sey, D-fiputy

State of NeSv- York,
Superintendent of Public Works, ;

Albany, March 21, 1913
Subjiect .^ij
Canal opening.

Hon. WiLLUM Sulzer, (Jovernpr, State of New York,
,^ .Albany, N. Y.: , , _

iMy Dear Sib. — I beg to acknowledge receipt of letter
from your secretary, Mr; Piatt, transmitting to me
petition signed by many canal boatmen asking that
the canals of the Staite be not permitted to remain
closed later than May 15, 1913.

I would state for your information that May 15th
is regarded as the official opening date for canal navi-

COKBESPONDENCE ' 1187

gation, and the DepartrjiQnt is; bending every effort to
the end that the .canals will be in readiness for naviga-
tion by that time, i ;. ; :

Yours very truly, ^

D. .W. PECK,

;.;,,;;;,, Supt. Of PllbUc W 0 ikS

On the Subject of Presentation of a Silver Service to
the United States Steamship " New Yorl< "

. [copy] ^

The ;GrOKHAM COMPANY
SlLVEESMITHS AND GrOlDSMITHS '

New YoRKy March 19, 1913

Honorable William Sulzer, Governor of New York,
Albany, ^N.' Y.: ' '

Honorable Sin.- — In view' of the fact that most of
the States, and quite some few Cities have presented
silver serviced' to Battleships and Cruisers named in
their honor, 'we beg 'to 'ask if it ii your intention to
recommend to the 'Liegislattire or' to the general public,
or both, that a silver sferVice be presented to the
TJ. S. S, " New York," now iii' 'course of construction
at the New York Navy Yard. ' '

The Navy Department,' Buteau of Construction knd
Bepair report Of March 10th states that on Mdrch'lst
the " New York " was 69-4/10% corapleted, so iinder
, the circuinstances, in order; to have a silver service ctitA-
pte.ted and r'eacly for presentatibri at the time' the ship
is ready to receive it, it is none too soon to take up the
question at tliis sessidii of the Legislature. As most
of these services have been made bv the Gorham Com-
pany, we can be of much Assistance, and should be' Very
willing to give ybu aiiy info miatidii you may fegVilre,

II'IS Public Papers of Governoe Sulzee

and to co-operate with you' in providing a suitable
silver service for one of the greatest of Battleships.

Tliere are three wa3s of providing the necessary
money with which to purchase a silver service for a
U. S. Battleship or Cruiser.

1st. Entire amount appropriated by State Legisla-
ture.

2d. Entire amount raised by Popular subscription.

3d. Part of amount raised by Popular subscription
and the balance apprdpriatecl by Legislature.

The amount of money necessar}' to purchase a silver
service depends upon the design and number of pieces
stipulated. The better and more appropriate services
consist of only large and representative pieces, such
as would be required to ornament and complete the
decoration of a table. Small and unnecessary pieces
and spoons and forks are not usually given, for the
reason that they fall easy prey to souvenir hunters
who are so prevalent at all social functions in this
country. We shall be glad of the opportunity to co-
operate with you in this matter, and shall esteem it a
privilege to furnish you Ayitb whatever information
you may need. If you should desire it, Ave should be
very willing to send our representative to Albany, to
confer with yovi in regard to the general detail.s and
plans necessary to be followed in matters of this kind.
Besides he would be able tq show you photographs of
other services we have made, and to give you advice
regarding the necessary pieces of silver that should
comprise a silver service for the L^. S. S. "New
York." We are taking the liberty of enclosing you a
few copies of commendatory letters received by us, as
evidence that the experience of other States would
justify you and the people of New York in entrusting

t COKRESPONDEWCJB,' i 1189

the commission 'to execute a silver service for tjle
U. S. S. " New York " to the Gorham Company. Your
activit}^ and intterest in having this particular battle-
ship named " New York " justifies us in believing that
your intense interest still exists, and that you would
still be as active, and zealous that the silver service pre-
sented should be fitting and proper.

As we have already stated, having made most of
these silver services for U. S. battleships, we are, by
reason of experience and facilities, better equipped to
furnish you with a proper service, and will be pleased
to' co-operate in every way, giving /you necessary as-
sistance and any desired information.

We trust to hear from you at your earlv conveni-
ence, and beg to remain, with great respect,
' '' ' ' ■■ Yours very truly ' ' ' ' " '^ ■'''■

THE GORHAM CO.,^'

-;';'-''' ';■ ' ' Per B. J. Dingee

1(1 iiiv/ ,.-:auitn (lY

Disaster by Flood in the States of Ohio and Nebraska

Telegram to Governor James M. Cox of Ohio
//i/Jiv Albany, N. Y., Mrtrc/i. 26, 1913

Hon. James M. Cox, Oovemor of Ohio, Columbus ^ 0.:

I am deeply grieved at the frightful disaster which
has overwhelmed poi-tions of your beautiful State and
worked such havoc to many of your people. Through
you I extend to, the, people of Ohio the heartfelt sym-
pathy of the people of New York and trust the calamity
is not as bad as reported. If New York State can ren-
der any aid to her sister State of Ohio, advise me and
everything possible to help you will be done.

/.<V. aL KA\/i.i, ■ WM. SULZER "

1190 Public Papers of Goveekor Sulzer

Telegram FROM James C. Dahlman, Mayor of .Omaha,

Nebraska

Omaha, Neb., March 25, 1913 '
\Vm. Sulzer, Go re i nor, New York, Albany, N. Y.:

Appreciate sympathy expressed by you. We have
the matter well in hand and our people are responding
generously. Thank you for offers. , ,

J AH. C. DAHLMAN

Mayor

Telegram from Mabel T. Boaedman, Chairman Na-
tional Relief Board

Washington, D. C, March 27, 19l3

Hon. William Sulzer, Crovcrnor of Neu: York, Albany,
N. Y.:

Many thanks for telegram. Red Cross assisting
Governor Cox. Hope New York contributions will be
sent as President Wilson suggests, througb Red Cross,
Jacob Schiff, your treasurer, New York. Have several
agents in flooded district. Sending nurses, doctors,
supplies, etc.

MABEL T. BOA ROMAN
Chairman Naiional Relief Board

Reply of Governor Cox as to the Welfare of the
Dominican Sisters oi'^ Franklin Street Convent

Columbus, 0., Mrtn;/( 29, 1913
Gpv. William Sulzer, ^1?6«.»?/, N. Y.:

Have wired Mr. Bell to look after Dominican Sisters
of Franklin Street Convent and advise you direct.

JAMES M. COX

coejrbspondence 1191

Telegram to Adjutant-Genrbal Henry DeWitt Ham-
ilton, Reqtibstjng the Issuance of Orders for^
THE Use of Twenty-secokd Regiment Armory

Albany, N. Y., March 29, 191:5

Brigadier-General Henr\- DeAVitt Hamilton, The
Adjutant-General of the State of New York, 258
Broadiray and 107 West Fortij-third Street, New
York City:
You are requested to issue necessary and proper
orders to place at tlie disposal of the Sporting Editors'
Committee the use of the Twenty-second Regiment
Armory building in Matihattan for the purpose of giv-
ing an athletic exhibition under the supervision of the
State Athletic Commission, the proceeds to be for-
warded to Governor Cox of Ohio to be donated and
used to assist in the relief of sufferers of the Ohio
floods.

You should communicate \vith Mon. , Fi-ank S.
(il'Neill, Chairman State Athletic Commission, Vic-
toria Hotel, Manhattan.

'; WM. SULZER :

Telegram from 11. E. Smollen, Secretary Life Sav-
'NG Service, New York City

New York, Mareli, 29, 19i;i
Gov. William Sulzer, Albany, N.Y.:

Realizing grave' dangers which threaten the flooded
section of New York State, and possibility of loss of
life should rivers continue to rise, a call lias been
issued to members of life savings service, city of New
York, ^f or volunteers to form picked crews of expert
swimmers and oarsmen 1^6 perforin siich hazarflous
work as may be necessary for safety of 'liiim'an life.

1192 PuBi.Tc Papi5rs of Governok Sulzek

We Lave no funds available for puri^oses of donation
for relief work, but we believe our personal serwces
and use of boats, life i)re.serverK audi otker equipment
would be acceptable, therefore would respectfully urge
you to call upon us, should occasion require.
H. E. SMOLLEN '

Sfcretary Life jSavinij Service

City of New York, 220 Broadway

Telegram ekom Governor James M. Cox Requesting
THAT Corporal Thomas F. , Cooke be Exempted
I'ROM Strike Dptv so as to Continue in His Work
OF Relief

Columbus, ()., Jprll 8, 191:^

Hon. AVm. Sulzer, (iovcrnor, Jlhany,'N. Y.:

Thomas P. Cooke, corporal, in Captain Donovan's
Company, New York National Guard, Buffalo, has
been called to strike duty by his captain from Zanes-
ville, 0., where he is in charge of extremelj' important
Red Cross flood relief work. In view of the fact that
Mr. Cooke's services in the flood relief operations are
at this moment of very great importance I am taking
the liberty of requesting you, if not inconsistent with
your wishes, to' instruct Captain Donovan to exempt
Mr. Cooke from this call. As Mr. Cooke is required,
under his orders, to depart from Zanesville within the
next two or three hours we shall appreciate much. a
prompt message from you to this office authorizing me
to retain Mr. Cooke's services and such instructions to
Captain Dpnoyan as may be necessary. Mr. Cooke is
a man of exceptional worth in tli,e organizing and con-
ducting of large relief ineasures and his work in Zanes-
ville at tliisiime, in restoring to normal conditions' a

' ' COEEE&PONDENCE 1193

community which was among those most seriously hurt
by tlie Hood. '• ''f '■ "• ' ', ■ ■.•)'■'•■' ■^*'

(Signed) JAMES M. COX

Governor

" t

Albany, N. Y., April 8, 1913
Hon. James M. Cox, Governor of Ohio, Columbus, 0.:
Your telegram regarding Cor^joral Cooke just re-
ceived. Am glad to know he is doing good work for
your State, and have directed Captain Donovan to
exempt Corjjoilal Cooke until he has finished the work
lie is doing for humanitv in the State of Ohio.

(Signed) WM. SULZER

Telegkam to Captain Donovan, of Buffalo, Request-
■ iNG THAT Corporal Cooke be Exempted from Call

Albany, April 8, 1913
Captain Donovan, ,Sfate Militia, National Guard, Buf-
falo, N.T.:,
Governor Cox of Ohio wires me requesting that
Corporal Thomas F. Cooke of, your company be ex-
empted from your call, as he is rendering very impor-
tant service in the flood relief work at Zanesville, 0.
If you can possibly see your way clear to do this,
please communicate instructions accordingly to Cor-
poral Cooke, and also notify Governor Cox.

(Signed) WM. SULZER

1194 Public Papeks of Goverkor Sulzek

On Acquisition by State of General Nicholas Herkimer's

Farm

Telegram krom .Vlphonse G. Koeble on Behalf of
United German Society and German National
Alliance Congratulating Governor on Signing
Bill

New York, April 6, 1913

Governor William Sulzer, Albani/, N. ¥.: ,. , .

Heartiest congratulations, on behalf of the United
German Societies and the Brooklyn Branch, German
National Alliance, upon jour signing the bill acquiring
General Nicholas Herkimer's farm, and ending ten
years of struggle to perpetuate the memory of the
hero of the epochal Battle of Oriskany. Not only will
300,000 citizens of this State of German descent ac-
claim this recognition of the distinguished services to
this country, performed by a fellow German- American,
but all citizens, irrespective of racial descent, will
applaud your patriotic action the more so, because two
preceding Governors thougbt' the small sum of $15,000
too heavy a price for a State to pay to redeem the
eternal debt it owed to a hero of the Revolution, who
at the head of the valiant band of German Pfalzers
struck such a decisive blow for American freedom.
(Signed) ALPHONSE G. KOEBLE

Correspondence 1195

On the Signing of Bill of Assemblyman McElligott
Amending the State Poor Law

Letter from Commissioner oe Public Charities,
Michael J. Drummond, Expressing Gratitude to
Governor

Commissioner's Office
Department of Public Charities
Foot of East 26th Street
; New York, April 11, 1913.

Hon. William Sulzer, Albany, N. Y.:

My Dear Governor. — This letter is to express my
gratitude to yon for signing tlie McElligott bill amend-
ing tile' State Poor Law so that' the city of New York
will lio longer be coriipelTed to submit its plans and
specifications to the State Bbard of Charities,
thereby avoiding serious delays and expense. In the
present case, namely, the plans for the kitchen and
'sfervice building at ' the farm colony, Staterl Island,
yod have'^aved to the city of New York an amount
equal to what it has paid me as Commissioner of
Charities to date plus your entire salary as Governor
for the two years for' which you have been elected
Governor. I can assure you that the building which
we shall erect will be a credit and that the interests
of the poor people who will use the building will be
carefully considered.

'With kindest regard's and appreciation, I am,
'""'■' ' Verv trulv yours,

• " MICHAEL J. DRUMMOND

Commissioner '<

1196 Public Papers of Governor Sulzer

On the Subject of Canals of the State, their Condition,
and the Resumption of Navigation

Letter from Duncan W. Peck, Superintendent of
Public Works

STATE OF. i NEW YORK

Superintendent of Public Works

Albany, Ajml 14, 1913

Hon. William Sulzer, Governor, State of Neiv York,
Albany, N. T,:
Dear Sir.— I have practically completed a personal
investigation of the Erie, and Champlain canals, from
Tonawanda to Glens, Ealls, between tjfMcIi ppints; dam-
age has been done by the recent .floods, and, I myself
have personally seen much of the damage done to
the Barge canal structures which have, beeii completed
and turned over to this department, although all, of
them not in actual service. ; This damage in spite of
newspaper reports has not reached- calamity propor-
tions. . , ; , !

I estimate that the damage done on the old Erie and
Champlain canals can be properly repaired for $75,-
000, and I believe that the amount necessary to repair
and preserve the completed Barge canal structure will
be not over $200,000.

The most serious condition existing is indirectly
due to , injunction proceedings brought by |th^ Half
Moon Bridge Company which prevented the State from
placing in operation the Barge canal from Rexford
Flats to the Hudson river at Waterford. These pro-
ceedings made necessary the building of a temporary
lock at Vischer's Ferry, connecting the canalized river
with the old canal.

COREESPONDENCE 1197

At this point the contractors had assembled a thou-
sand or more barrels of Portland cement and a large
quantity of sand and gravel, .and were ready to com-
mence work at a moment's notice, but the flood came
and carried away all of their material, some of -their
machinery, and greatly damaged other equipment. Of
this material the Sand and gravel had been handled
three times' in transportation; first taken from the
pit in wagons, then transferred by an aerial cable line
across the river, a;id then carried by cars on a tram-
road to the point wiiere they ai*e to be used. The
cement also had to be transported there by aerial
cablewayl

Although the Erie canal will be ready for navigation
at all other points by May 15th, this condition at
Vischer's Ferry will delay the opening of through nav-
igation, possibly to June 15th at the latest, although it
may be possible to get the lock completed by June 1st.
I will state that the contractors are working night
and day continuously, and doing all tha,t human beings
can do to expedite the work. , ,

OntheOhamplain canal there has occurred the most
serious of the .damages done to the present cai^al sys-
tem, but the, Champlain canal will be ready for navi-
gation May 15th.

Very truly yours,
/d. W. PECK.
Superintendent of Pvblic Works

1198 Public Papehs oi' Goveenoe Sulzeb

On the Subject of Rate of Wages of Laborers on the
State Canal

Hun. Duncan W. Peck, Supeeintendent op Public
Works, in Reply to Letxee prom Chester C.

: PlATT, SECRElTARy ,TQ TPIJE GrO^EENOE

Duncan W. Peek ,, William. J. Morrissey

Superintendent Deputy

STATE OF NEW YORK

SyPEEINTENDENT OF PuBLIC WOBKS

Albany, March 12, 1913

Subject: Re wages of locktenders on Erie Canal
Hon. Chester C. Platt, Secretary to the Governor,
Albany, N. ¥.: -

Deae Sie. — Referring to your letter of the- 1st in-
stant, transmitting to me letter addressed to the Gov-
ernor, by Mi*. Charles A. Yates, of the central trades
and labor assenibly of Syracuse, bearing on the sub-
ject of the wages of locktehders, I beg to say:

As you will r'eciall, kt the Q-overnor's suggestion,
the pay of common laborers on the canal was recently
increased to $2 per day. Locktenders Avhile so far as
the civil service regulations are concerned are classed
in the grade of labor, are not in fact common laborers.
Their duties are not continuous and are only required
to perform services when a boat appears at the locks
for passage.

I would also state that, at my suggestion last year
(1912), a bill was passed by the Legislature and signed
by the Governor raising the pay of locktenders $5
each per month, or more than 10 per cent, at a cost
of somewhat over $25,000 to the State, and they have
always been paid by the month. The job is a very

COKKBSPONDBNCJE • ; •. 1199

easy one and is much sought after. ,Lpckteudei:s have
uot been deemed laborers by this department, and the
Attorney-General concurred in an opinion rendered by
him when the law recently passed by the Legislature
providing for the payment, of a $2, per diem rate, was
in effect; bridge tenders in, cities, except in special
cases, are paid by the municipalities.

I Avoiild fjjrtj^er, add that if the $2 per day rate were
to be made to apply to locktei^ders on the canal sys-
tem, the drain on the appropriations for the use of
the department would be far greater than they could
stand. When the $2 per'day bill was pending last win-
ter, when it was thought that it; might be interpreted
to apply to such employees as locktenders, the de-
partment pointed out in a letter to the, Groyernor,: that
if the increased rate were to be paid to. the locktenders,
for the balance of the present fiscal year ^Ipne, an ad-
ditional sum of more than $32,000 would be req[uired.

I believe that you will realize that the work per-
formed by common [laborers, including continual ardu-
ous and laborious work and exposed to the elements
is considerably different from the services required
of locktenders Avho have shelter at all times of the
year from the weather, and heat in the cold and damp
months. ;: , , ,

Locktenders on tlie Erie canal are now receiving
from $45 to $52.50 per month according to locality.

As an evidence that the departiiient is not inconsider-
ate of labor I wish to state that last year I voluntarily
and without demand raised the price of common labor
from $1.60 to, $1.76 \)ev day, which was at that time
about the highest rate paid for labor and which was
all the department appropiiations would .stand at that
time.

1200 Public PAPteus of Govejrnok Sulzek

I hprewith return Mr. Yates' letter and trust that
this "commimicatioi! will oive you full information on
the subject.

Very truly yours,
(Signed) ' D. W. PECK
Supprinlcndent of Public Works

Letter TO Duncax W. PeCk, Superintendent of Pub-
lic Works

State of New York — Executive Chamber

Albany, April 14, 1913

Hon. Duncan- W. Peck, Superintendent of Public
Works, Albany, N. Y.:

My Dear Sir. — ■ It seems to me that your depart-
ment would get better results for the general welfare,
and be doing simple justice to its laborers, if twenty-
five cents an hour were paid for work on the canals.

Contractors for canail work pay that much to their
laborers, and laborers on the State highways are also
paid twent\-five cents an hour, your department ought
to pay as mUcli'to laborers as other 'State departments
and certainly as much as a private corporation pays
its men for similar Avork.

You are aware of the increased cost of living, and
the high prices, that must be paid for the necessaries
of life. Tliis affects _the laboring men fully as much as
it does clerks, or other better paid employees, and the
State which employs them should see to it that they
are paid at least a living wage.

Besides this, when emergency arises on the canal,
as in the case of breaks, requiring large forces of men
not ordinarily employed, you have to pay them twenty-
live cents an hour or thev will not work for vou. Since

OOHKESPOXDENCB 1201

this is so, I do not see why the regular forces do not
receive that 'rate. ^' -'^ '-5 ' • '

I believe this matter should be given serious consid-
eration ; and, so far as I am concerned, I favor paying
the workmen on the canals, twenty-five cents per hour
instead of $1.76 for an 8-hour work day as at present".

Very truly,
WM. sijLZER

Reply of Supeei^'texuent Peck

STATE OF NEW YORK
Superintendent of Public Wokks

Albanv, April 17, 191. '3

Hon. William Sulzbe, Governor,' State of New York,
Albany, N'. Y. :

Dear Sir. — I beg to acknowledge receipt of your
letter of the 14th jnst., bearing on the subject of the
rate of wages paid common labor on the State canals,
and recommending for serious consideration the pay-
ment of twenty-five cents per hour, or $2 for an eight-
hour, work day instead of the rate of $1.76 now al-
lowed.

In reply I beg to say that I fully agree \yith what you
say on this subject, and in line with your suggestion
have to-day iiistructed the division and section super-
intendents along the line of the canal to make up all
monthly estimates, beginning April 15th on the basis
of payment ,for common labor at the rate of twenty-
five cents per hour or $2 for an eight-hour day.

Yours very truly,

D..W. PECK
Superintendent of Public Works

1202 Public Papbes of Governor ' Sulzee

With' Reference to the Enforcement of the Present Motor
Vehicfe Law

Letter feom Hon. Mitchell Mav, Seceetaey of State

TOGETHEE WITH StaTEMENT ON FiNES COLLECTED

for Violations

STATE OF NEW YORK

Office of the Secretary of State

Albany, April 17, 1913

Hon. William Sulzee, Gov&mor of the State of New
York, Albany, N. Y.:

Your Excellency. — I desire to call your attention
to certain information with reference to the enforce-
ment of the present Motor Vehicle Law.

It is not generally known, but nevertheless the fact
that a large proportion of our inferior court magis-
trates have taken the attitude that they have no ex-
clusive jurisdiction under section 56, subdivision '26,
of the Code of Criminal Procedure, to enforce the
various provisions of the Motor Vehicle Law (viola-
tion of which constitutes a misdemeanor) excepting
in cases involving excessive speed.

(Note: Section 56, subdivision 38 of the Criminal
Code, ipermits the accused to elect to be tried in courts
of special sessions in cases of misdemeanor where the
fine does not exceed $50, whereas the penalty expressly
provided for violations of section 287 of the Motor
Vehicle Law, regulating the speed permitted is $100.)

Whether or not this interpretation may be sound as
a matter of law, or merely one of convenience, it is only
too plainly evident from the failure on the part of the
local authorities in twenty-eight counties, including
Albany and Erie, to file any report of conviction with

CokbeSpondence 1203

this bureau or remit any fines collected for violations
of the Motor Vehicle Law to the State Treasurer since
1910, that these results fairly disclose the position
taken by the various courts of special session.

Again, ' I have been unofficially advised that- in a
great number of cases, involving violations of the
Motor Vehicle Law, or of local ordinances, adopted in
pursuance thereto, the local authorities have been al-
lowed to enter the complaint under section 43 of the
Penal Law, which provides a penalty for " any act
which seriously injures the person * * * or which
seriously disturbs or endangers the public peace, etc.,"
and in this way are permitted to retain the fines which
would be impossible if the convictions were had under
the provisions of the Motor Vehicle Law.

Your Excellency may be aware of, the fact that there
are now on trial in New, York cou^nty, fourteen persons
indicted for robbery, first degree, in which cases the
criminal use of the automobile has been involved. The
fact that four of these persons hold chauffeurs' li-
censes and that the details present a most desperate
use of the automobile, all the more seriouslv point out
the need of some immediate legislation which would
a,uthonze prompt action on the part of the licensing
authorities of the State.

With particular reference to the position of the ad-
ministration amendments How pending before the
Legislature, which, if enacted into law, would expressly
extend such jurisdiction to inferior court magistrates,
I have been advised that the Assembly committee on
rules has this day ordered the bill to be reprinted and
recommitted and as the measure now stands it contains
only three amendments; first, the licensing .of :, all
operators of motor vehicles; secondly, and supple-

1204 Public Papers of (Iovebnor Sulzeb

mental to the first, the authority vested. in th^, Secre-
tary of State to suspend or revoke for cause such li-
cense after a hearing, and last, extending exclusive
jurisdiction, to courts of special session, provisions
similar existing in all of the New England and Middle
Atlantic States with the exception of New York,

In copclusioji, I ani calling tlie attention, of Your
Excellency to the inclosed copy of an official report
from the authorities of an adjoiniiig state, which is
further witness of the; need pf, some .immediate change
to the present law. . . .^ ■

. Respectfully, submitted,

MITCHELL MAY

Secretary of State

STATE OF NEW YORK

Office of' the SeCketary of State
Automobile Bureau

Albany, April 18, 1913

Hon. William Sulzer, Governor' of the State of New

' tori-, Albany, N. Y.: ']'

Your Exce:]^lency. — The State Treasurer has ad-
vised this bureau that the automobile fines collected
for violations of the Motor Vehicle Law since January
1, 1911, have been remitted from the following coun-
ties, together with the amounts placed opposite :

Gayuga .... $45 00

Chautauqua 105 00

Chemung - , . , 48 00

Columbia ^". 5 00

Cortland . . . .' ■ 90 00

Outohess 235 GO

Essex.. 10 00

Franklin 10 00

COERESPOMDENCE " 1205

Fulton $94 00

Genesee. 55 00

Greene 5 00

Herkimer 1.45 00

Kings 1,036 00

Monroe . .,:■.■ 5 30

Montgomery 120; 00

Nassau 3,618 00

New York 9,642 42

Niagara 40 00

Oneida 135 00

Onondaga : 285 00

Ontario 5 00

Orange 45 0.0

Putnam 25 00

Queens . ( .....; 3,037 00

Rensselaer ... . 55 00

Richmond 35 00

Schenectady 91 00

Suffolk V :.\ 150 00

Tioga 20 00

Tompkins 25 00

Westchester 2,080 00

Total $21,297 57

No fines have been received from the following coun-
ties: Allegany, Cattaraugus, Chenango, Clinton, Del-
aware, Erie, Hamilton, Jefferson, Lewis, Livingston,
Madison, Orleans, Oswego, Otsego, Rockland, St. Law-
rence, Saratoga, Schoharie, Seneca, Steuben, Sullivan,
Ulster, Warren, Washington, Wayne, Wyoming, Yates.
Respectfully submitted,

MITCHELL MAY

Secretary of State

1206 Public Papers op Governok Sulzeb

Note : No fines from Erie county containing a large
center of population ; $5.30 from Monroe county, con-
taining a city of first class, Rochester. In New York
city the fine moneys collected for violation of the
smoke, speed and traffic ordinances are retained by the
community, but the convictions thereunder are filed
with the State department. This is contrary to the
expriess provision of section 291, subdivision 2, of the
inclosed copy of the Motor Vehicle Law. The Massa-
chusetts highway authorities report receipts from fines
during 1912 to be over twenty-nine thousand dollars,
although there are registered less than one-half the
total number of motor vehicles that were registered in
New York State during the same period.

Letter from Frederic E. Coudert, op New York City,
Showing Necessity for Changes in the Law Gov-
erning Automobile Traffic

Coudert Brothers

Counsellors-at-Law

2 Rector Street

: , New York, April 29, 1913

His Excellency, William Sulzer, Executive Chamber,
Albany, N. Y.: . ' :

My Dear Governor Sulzer. — The delay of the Leg-
islature in taking any measures to remedy the situa-
tion regarding automobile traffic makes it imperative
that the public should look to you for protection of
their rights.

The papers of the 22d inst. contained an account of
one of the worst exhibitions of recklessness which we
have yet suffered ; an automobile which was exceeding
the speed limit, refused to stop on the call of the motor

Correspondence 1207

cycle policeman, and instead, increasued its speed, run-
ning a race of many blocks, and finally turning down
One Hundred and Fifteenth street West, knocldng over
three women and still going on its way with all the
speed the machine could muster, pursued ^by the m'otor
cycle policeman; only at One Hundred and Twenty-
fifth street did some street obstructions make it pos-
sible for him 'to be overtaken. He was yesterday fined
$100 for exceeding the speed limit, and is npw being
held upon a charge of assault, the conviction for which
can by no possibility measure tlie punishment which

-should be meted out to him if the public is to be fairly
protected.

Our Criminal' Law' makes ' ' a reckless disregard of
human life " one of the elements M'hich changes man-
slaughter into murder, and it would be difficult to
imaginean exhibition of greater recklessness of human
life than this incident discloses. The court house mur-
ders and the Allen gang do not compare with it.
There, at least, the particular victims were singled out
because of fancied grievances, but in 'this instance
there was no grievance, but a simple readiness to sac-
rifice absolutely harmless and innocent persons with-

i out other motive than personal enjoyment or perhaps
a revolt, against the speed ordinance.

True this is an aggravated case, but by no means an
isolated instance of the reckless disregard of human
life which characterizes many of the automohile
drivers in this city and throughout the State. Surely
the public would be somewhat better protected if there
was a requirement for licenses for all operators of
machines, whether owners or cliauffeurs, and a re-
quirement dependent upon character as well as tipon
efficiency in driving; if this was supplemented by the

1208 Public Papeks oo? Govbenoe Sulzee

privilege to the same authority which grants the li-
cense to revoke it, the Legislature would be doing
something for the millions who are subject' to the
caprices of auto drivers even if the amusement of the
latter — and even the increase of business in autos —
were to some extent limited.

This is a day when excessive privileges are arousing
public sentiment, and there is no better opportunity
to curtail privileges which have becotne dangerous to
tile many, although gratifying to the few,' than to put
an additional curb on automobile drivers. Unless
something of this kind is done, the recurrence of scenes
analogous to the one I have described will inevitably
arouse a public sentiment- which will lead to violent
self-protection, and we should iiot be surprised if the
passions aroused l)y such recklessness will end in do-
mesticating within our city the Lynch Law which
heretofore has been confined to border towns.

Do what you can to save the public not only from
tlio dangers of the autos but from the greater danger
of passions aroused by the recklessness of auto drivers
and the utter insufficiency of the laws lintended' for tbe
protection of the public. ' '''• •'■''■■

The Herrick bill, which Avas prepared with the* aid
of the Highways Protective Society, and after con-
sultation with various experts on the subject, contains
certain features which are of the utmost importance.
These additional features are :

First. The requirement of licenses for all operators.

Second. Power in an administrative authority to re-
\oke the license of unfit and reckless drivers, and

Third. Stopping at grade crossings.

The killing of a Roman Catholic priest the other day
by an apparently inexperienced driver, who immedi-

CoEKESPOBTDBNCfi 1209

ately ran awaj', is illustrative of the necessity for the
first, and the absurd l^inney. case, of which yoU' rqad
in the newspajjers, well illustrates the necessity for the
second.

The chairmaii of the Legislative Committee is re-
ported, at a public hearing, in ansM'er to arguments
urging the adoption of this bill, to have remarked with
a brutal cynicism, worthy of a Nero, that " motorists
and chauffeurs in New York city may out off, a few
heads once in a while but I'm in the undertaking-
business." , ,

It is, of cqurse, incredible that such a view point
sjipulpl, represent .tliie real; legislative feeling , on, the
subject, yet rumor has it that from the beginriing , the
intention had , been to stifle the Herrick bUl in com-
mittee under pressure from certain automobile inter-
ests. These rumors may be xmfounded despite the
chairmaij's attempt at gentle wit, but refusal to report
any legislation out of this committee, surely l^ajdp to
the inference that certain " sinister " influences are
having it all their own way.

We cqunt upon your responsible and responsive,
leadership to, , bring before the Legislature the impera-
tive necessity for isuch changes in the law and we are
fortified by the thought that no interest in any busi-
ness, ' ' undertaking ' ' or otherwise, will permit you to
connive at slaughter in the streets.

Believe .me, as always,

, Very truly yours,

' ( Signed ) FREDERIC R. COUDERT ',

1210 Public Papers of Governor Sulzer

In Relation to Violations of the Labor Law in the Con=
struction and Repair of Highways

Letter from John Williams, Commissioner of Labor

Albanv, April 21, 1913
State of New York — Labor Department

Aprillb, ]913

Hon. William Sclzer, Govo'vor, Albany, N. Y.:

My Dear Governor Sulzer. — My attention has been
called to the fact that the State Highway Department
fails and omits to instruct its inspectors on the con-
struction and repair of highways within the limits of
cities and villages, to require that the contractors en-
gaged upon such work observe and obey the provisions
of the Labor Law. This results in discrimination
against those contractors whose violations are brought
to our attention through complaints ; for When a com-
plaint is filed in this Department and it is sustained
upon investigation, we compel obedience to the law by
enforcing the penalties; but the contractor against
whom ho complaint is made, violates the Labor Law
with impunity. This shohld not be permitted, and
the officials of the Department of HighwHtys are re-
sponsible.

Section 3 of the Labor Tjaw prescribes that eight
hours shall constitute a day's work upon all public
contract work. This provision applies to the ' ' con-
struction, maintenance and repair of highways"
within the limits of cities and villages.

Section 3 further provides that " Each contract for
such public work hereafter made shall contain a pro-
vision that the same shall be void and of no effect
unless the person or corporation making or perform-

COKHBSPONDBNCE . 1211

ing the same shall comply with the provisions of this
section; and no such person or corporation shall be
entitled to receive any sum nor shall any officer, agent
or employee of the State or of a municipal corporation
pay the same or authorize its payment from the funds
under his charge or control to any such person or cor-
poration for work done upon any contract, which in
its form or manner of performance violates the pro-
visions of this section, * " *."

I respectfully suggest that the officials of the High-
way Department be instructed to direct all contractors
whose contracts are subject to the above-mentioned
provisions of section 3 of the Labor Law, to comply
therewith, and that the Department's inspectors be
required to report violations to their superiors and
•that such reports become part of the Department
records.

Yours respectfully,
( Signed) JOHN WILLIAMS

Commissioner of Labor

On the Veto of the Walker Bills Amending the jCivil
Service Law

Lettek fkom Civil Service Keform Association Ex-

PltESSHSTG AiPPRECiATlON OF THE GOVERNOR 'S AcTION

Albany, N. Y., May 26, 1913
The following letters were received at the Executive
Chamber to^dav:

1212 Public .Papebs of Govebnok Sulzeb

Civil Seevice Eeform Association

Offices 79 WaIjL Steeet

Telephone 4955 Broad

President
Everett P. Wheeler ' ; .

Vice-Presidents .' i

Charles Collins BJlihu Root

David H. Greer i Ei-aneiS iLynde Stetson

A. Jacobi Anson Phelps Stokes

William G. Low Osear, ; S. Straus

Levi P. Morton Horace White

fseiretary
Eobt. W. Belcher

Treasurer
; ,, A. S. Frlssell

, Assistant Secretaries
■ ' George T. Keycs

Harry W. Marsh ;

J-Jjcrittive Committee
Samuel II. Ordway, Chairman '

Henry DeFprest Baldwin Horace B. Deming John G. Milburu

George E. Bishop A. LSo EveiretSt Ludwig Nissen

Koscoe C. B. Brown A. S. Frissell Carl L. Schurz

Charles C. Burlingham J. Warren Greene Isaac N. Seligman

Edward Gary Henry W. Hardon Kelson S. Spencer

George P. Christie Russell H. Lotnes William H. Thomson

Joseph P. Cotton, Jr. .A^llred Bishop Mason Charles W. Watson

Jonathan" C. Day Philip J. McCook

New York, May 21, 1913

Hon. William Sulzbe, Governor of the State of Neiv
York, Albany, N. Y.:
SiE.— We desire to ekpress our warm appreciation
of your action in vetoing the Walker bills amending
the Civil Service Law. We feel that in view of the
amazing action of the members of the State Civil Serv-
ice Commission in changing, at the last moment, their
point of view in regard to these bills, and after for
months opposing them suddenly changing about and
advising you to sign them, and in view of the strong
pressure which w^as brought to bear upon you by the
employees, it is incumbent upon advocates of the merit
system to praise your action as it deserves. In our

COEEESPONDENCE 1213

opinion tliese bills would have been a distinct injury
to the civil service and to the administration of public
affairs in the State and its cities, and we feel that you
have done a great public service in vetoing them.
Yours respectfully,
(Signed) EVERETT P. WHEELER

President
SAMUEL H. ORD WAY i
Chairman Executive Committee
ROBERT W. BELCHER

Secretary

Calling Attention to Plan for Prompt Relief of Present
Congestion at Sing Sing Prison

Letter from the Prison Association of Ne-vv York

Albany, N. Y;, Jnne 3, 1913
The Prison Association of New York
135 East Fifteenth Street,

New York, May 31, 1913
His Excellency William Sulzer, Governor of the State
of New York, Albany, N. Y.:

Dear Sir. — The Prison Association of New York
begs to bring to your attention a plan, for the prompt
relief of the present congestion at Sing Sing prison.

1. Physical Conditions at Sing Sing
Conditions at Sing Sing demand relief at once. We
do not need to state further facts than those presented
by Mr. Blake in his report of recent date, regarding
the abhorrent cpnditions prevailing in the lowest tier
of cells by reason of the extremely small amount of air
space, the absence of light and ventilation, and the

1214 Public Papers of Governor Sulzer

dampness that prevails on wet days to such an extent
that the walls ooze or collect water. It has-been a
fact, and probably is now, that at such times the pris-
oners are obliged to lay their clothes upon, the floor
as the place that is least wet, or to place them at night
under their mattresses as the only dry place.

These conditions have aroused a general wave of
indignation and protest throughout the State. The
Prison Association for many yfears has called atten-
tion to these conditions and the Prison Commission
has annually, in its reports, urged that the conditions
be changed.

2. The Pp imlation: Duuhling-up and Doi'mitories
At the time of an inspection by a special committee
of the Prison Association on Friday, May 23, 1913, the
following facts were reported : '

The entire lowest tier of cells was occupied. In
about two hundred cells there was doubling-up, that is,
two persons iii a cell and in addition about one hun-
dred and fifty men were sleeping in the chapel, which
is used as a dormitory. This means that about four
hundred men were " dpubled-up. " Doubling-up is
fundamentally wrong according to modern penologists.
Doubliiig-up at Sing Sing is even worse because of
the very cramped area of the cells, and the absence
of' proper ventilation and li^ht.

3. A Suggested Change
The Prison Association has not only visited Sing
Sing within a few days, but for several days has had
an agent at Great Meadow prison in order to investi-
gate the possibility of providing employment for sev-
eral hundred additional prisoners there in case such a
draft can be made from Sing Sing j)rison to remedy

COEBBSPONDENCB 1215

the congested conditions in that prison. We beg to
report concerning Great Meadow prison the follo^nng
facts and possibilities: '

On Monday, May 26th, the population of Great
Meadow prison was 504, distribu.ted among seventeen
general occupations. Seventy-five prisoners were ex-
pected from Auburn prison within a few days, which
would make the total population 579. The cell ca-
pacity, one man to a cell, is 600. The cells are not
fitted for two men to a cell and never should be.

The following additional occupations, or extensions
of prison occupations, are not only possible, but quite
praicticable, in case the prisoners are available and
appropriations could be secured:

(a) Gradinfi and excavation, 50 men. These men to
be used in enabling the contractors to carry on build-
ing and sewer laying as provided already in the prison
plans.

(b) Consi ruction of dam; 100 men. This dam must
be constructed to increase the water supplj^ of the
prison and to make possible the cleaning of the prison
reservoir.

(c) Roads, 80 men. Roads upon the prison farm
and outside the prison farm should be constructed.
Some roads are partly under construction how.

(d) Construction of officers' howies, 50 men. Officers
and their families are sbi-elj^ in need of proper houses.
The region is sparsely settled and the State should
provide decent and adequate accommodations for its
officers. Ultimately from fifteen to twenty officers'
houses must be built. The warden has already selected
sites and plaiis are drawn. These buildings should be
constructed by convict labor. Perhaps the number of
prisoners to be employed would be considerably more
than fifty.

1216 Public Papers ov (iovehxok Sulzkr

ie) Clearing of forpst. lands, ploughin/j of farm land,
free planting, etc., 100 men. These are forms of labor
capable of considerable extension. The prison has
about three hundred acres of woodland, whichi should
be carefully developed and utilized accordiiig to the
best j)rinciples of forestry. In addition there are sev-
i'v&l hundred acres of pasture and more or less barren
land tliat could be prepared for cultivation. To some
extent, men for this work would be drawn from other
gangs where work becomes slack. However, in some
other gangs there would be an increase of work so
•that the drafting from other gangs might balance.

The total number of additional prison laborers sug-
gested above is 380. Tlie number might be consider-
ably increased as necessity occurs. The fundamental
point is that at least three hundred additional able-
bodied men could be used immediately at Great
Meadow prison on necessary work, n-cre the men there,
were accommodations ready for them and lie re appro-
priations provided for their maintenance.

4. Appropriations Necessarg

Warden Homer has estimated tlie following approxi-
mate, cost :

Dam, $3,000 t,o $4,000; one temporary buikling at
dam to house JOO men, $1,800. Per capita per diem
maintenance for each additional man working ontside
the prison (300 men) 16 cents per day per capita, ox
$48 per day. Roads, about 5 piiles, $6,000 per milp.,
Teams, horses, etc.j would have to bq computed. Picks,
shovels ancl other tools, $1,000 ( ?). .Officers' liouses,
$1,600. per house. Extra, guards, one, for, each groijp
of 14 additional prisoners, 22 guards at from, $60 to
$75 per month and maintenanqe.

It is evident that the cost of utilizing 300 additip];ial

'\d-}'a HnCoEBESPONDENCB!''! 'WJan' 1217

prisoners is not prohibitive. Tlie State is being se-
verely condemned' by public opinion ' because of its
lethargy in dealing with th^. Sing ^ng situation.
Public opinion will approve of reasonable appropria-
tions If or such a plan as above mentioned. Financial
details and details of distribution of additional popu-
lation shiould bd worked out by the Prison Department.
K The main point is, in the opinion of the Prison As-
sociation, to get the plan started. If necessary, special
appropriations should be made at the special session
of the Legislature in June, v '-. s r

. ^ ,5. Method of Transfer

(a) The population at Great Meadow prison has
not been regularly kept upH;t> i-ts maximum. For in-
stance, oyr agent found a population of 504 with 600
cells available.' A draft was expected shortly from
Auburn. Our suggestion is that there be a draft list
available, and that the population be kept up to the
maximum cell capacity. /Especially is this desirable,
because parole is a monthly occurrence, thus releasing
a number of men> every thirty days and creating va-
cant cells, 1 i v V

(b) Special draft should be made at the earliest pos-
sible moment from Sing Sing for the purpose outlined

in JvTo. 3 of this" report. ", ,. "*"'

■ ..iji ■ y., yjrj n'v W}^ u;! ,a.'■s■^.l

■)isuii'i^ q ot ''(fiid 6. Conclusion '♦■ ' ' »<!<>

We are convinced that the above plan is feasible and
that all that is necessary to carry it into effect is an
adequate appropriation. We, therefore, most urgently
recommend immediate attention to this or some similar
plan for the relief of Sing Sing and for the develop-
ment of the Great Meadow prison. We shall be glad
to co-operate in 'this matter by placing at the service
39

1218 Public Papees of GovKBiifOE Sulzek

of the State within reasonable' limits the time of i an
agent of the Prison Association competent to assist
in an advisory capacity.

We are further convinced that it is impracticable
and thoroughly undesirable to attempt to remedy the
congestion at Sing Sing by adding additional build-
ings at that prison. The attitude of/ the most respon-
sible, prison officials at Sing: Sing is: entirely in favor
of the removal of several hundred prisoners to better
conditions. i ; ;

Yours very truly, ,
(Signed) 0. F. LEWIS

General Secretary

On the Landing in New York City of One Hundred Cuban
Troops of Infantry ani Military Band to Partici=
pate in Inauguration of Maine Memorial

Telegram from Hon. WiliJiam: Jennings Beyan^ Sec-
retary OE State
' ' ' Washington, D. 0.; May 26, 1913

The Governor of New York, Albany, N. Y.:

This department, is informed through diplqinatio
channels tliat the Cuban Cruiser Cubasailect on yes-
terday for New York city conveying one liundred
troops of infantry and a militaiiy band to participate
in inauguration of Maine memorial on 30th iiistant.
I beg to express hope that landing pf,;bjipd.and troops
in uniform aijdwder armsfbr purpose, pf participat-
ing in parade on that day will be. agreeable to State
authorities. The Goveriiment of Civiba will be officially
represented in the ceremonies by its Charge D 'Affairs
at Washington, its consul, general at iliTew York city,

CoitRESPONDENCB 12l9

the commander df the Cruiser Cuba, Congressmen
Pazos and Torralbos and Colonel Jose Marti, Chief
of Staff of' Cuban Army. '

(Signed) W. J. BEYAN

RePI,Y op GoVEROR SulZER EXTEIS'DING' CoURTESV *6 THE

Distinguished Visitors ;

Albany,')^': Y., May m, 1913
Hon, WiLLtA.^^ J. .^Peyan, Secretary of S.tate, Washing-
ton, D.G.: ,
Your telegram received informing me that the
Cuban Cruiser Cuba conveying one hundred troops of
infantry and military band, will reach New York to
partipipate iiii. the Maine memorial ceremonies on the
30th instant. ^New York will be:glftd:to welcome these
patri otic and distinguished visitors, from the Eepublic
of Cuba. (Byery. courtesy will be ,$xtended to thena by
the Empire State.

(Signed) WM, SULZER

I^ Relation to Bill pending in the Legislature Authprij:-
ing a Rate of Foijr ,9nd.,0ne=half Per, Cent. Interest
on State Bonds

Letter from- Deputy Comptroller Edwin S. HarSis,
Stating that in the ComptSoller's Belief the
Bill Should Become A Law

STATE OF NEW YORK
Comptroller's OfficS
, Albany, N. Y., June 2, 1913

Hoji. William ,SxjLZiEji, Governor of the State of ^ew
. York, Albany „N,,Y.:.._^ ,. ,., .,,,,^ , ,. .,,i., ,i,\ ,,
Dear Sir. — The Comptroller believes the bill au-

1220 Public Papebs of Governor Sulzeb

thorizing a rate of 41/2 per c^wt. interest on State
bonds should beceme ^ law for the .fpllowing reasons:

First: All the informatio/ri whieh, this office has
been able to pbtain from well informed and prominent
business men who have to do with the purchase and
sale of bojids has, been in support of the proposilj^on
that a 4 per cejiit, bond cannot be sold at present at
par or above.; The same gentlemen agree that this
situation will continue for some time^ a majority of
them predicting thiat it will be more than a year before
it will be possible to sell a 4 per cent. State bond at
par. It \vill be absolutely necessary to sell Stiate bonds
on or before the first of March, 1914, and therefore
to make that sale possible a 4i/^ per cent, rate of in-
terest should be authorized.' If by an unexpected
change in conditions it should appeftr next year that
a bond at a rate lower than 4^4 per cent. 6ould be sold,
it would be far easier to repeal the 4i/^ per cent, law
than it would to enact one at the next regular session.
Furthermore, yotir admini&ti^tion could proceed in ab-
solute confid«nce to make the arrangements for financ-
ing the highways and canals and would be in control
of the situation absolutely, while if the 4i/^ per cent,
hill were not signed there would necessarily be a
period of uncertainty, which always creates difficulties.

Seci^nd : The Comptroller expects to sell thi« week
$27,0€O,O0O worth of short term not«s to mature Feb-
ruary 1, 1914. These notes will be purchased by banks
and brokers and others who do not ^ish.,to tie up their
money for a lon^ peripd of time. If the 4i/^ per cent,
interest, bill became a law, these gentlemen would know
beyond a doubt that their notes could be paid at matu-
rity alid their funds available for a new investment.
With the 41/^ per cent, law the existing law there

iGoBBESPONDEiirflSllA ' ! 1221

might be some doubt as to the ability; of the State to
pay these notes at maturity. -Ji mO ■•diijI rjt'i') i-^
f • We think, therefore, the signing bf the 4^?^ per cent,
interest bill would go a great ways towards securing
for us this week more favorable > bids for the short
term notes, rh^t!' »fii lo -,

i ' Very truly yours,
•: . ■v(gigned) 'ii EDWIN S. HAREIS 't<>

Deputy Gomptroller

'Hi 07/ ,>ilIt!U))IJ

Assembly Bill Int. No. 2219, Conceening Eate of
Interest upon Certain Bonds of the State

Deputy Comptroller Harris states that the law au-
thorizing the issuance of short term certificates of
indebtedness, aggregating $27,000,000 for highway
and canal purposes,, which law, (requires them to be
retired or,. provision made for their extension at the
expiration , of a year from their issuance and bear in-
terest at not greater than 5 per cent, are to be issued
during the first week in June, upon competitive bid-
ding, for a term of eight months, and through such
bidding it is hoped that the r^te of interest will be
approximately 4i/^ per cent ,„^ .,fi vj,,- <)i- -ui

This Levy bill. Deputy Comptroller Harris believes,
is necessary and proper to be signed at the present
time, for the reason that when these bonds for high-
way and canal purposes will be issued, which will not
be bef9re February, 1914, they should now have the
assurance of bearing ^4^?^ per cent, interest, for the
reason that the money market at the present time and
for probably a year to come, will require at least 4i/2
per cent, interest on bonds to make them marketable,
and the sale of the temporary certificates of indebted-

1222 Public Papers of Goverwob Sulzeb

ness will be fjiaced at an advantage ~whe!n the' moiipy
interests know that they will Mot be refuMed by bonds
bearing' (4 per cent; interest. If such were the fact
the Comptroller's department believes that they will
have no difficulty in securing favorable terms upon
these teniporary certificates of indebtedness.

Deputy Comptroller Harris states that the -holders
of temporary eertifioiate^, if they were required to
take cash for-, their investment at the end of eight
months, would not be so favorable to purchasing the
same as though they M^j^e given the possibility of
using the temporary certificates in "bidding the, said
bonds, bearing 4l/^' peir cent, interest, which is their
privilege under the form of the department certificate
of indebtedness. In other words, having' 'once made
the' investment at this time in purchasitig the tem-
porary certificates they would know, should the Levy
bill be signed, that their investment can continue to
bear at least 4i/^ per cent.' interest fdr a period of at
least fifty years. ' ', i

Deputy Comptroller Harris belieV6s this bill should
have Executive approval at this tiiiie. He has in mind
that the fact that the'Frawley bond bills are still upon
the statute books, but believes that the sighing of' this
measure in ho \vay affects those.

He furthei' states that this Levy bill' provides only
for bonds of the State' hereafter is'siied ari<i sold and
does not' affect outstanding interests in ahiy way.
'' (Signed) EDWIN S. HARRIS

' Deputy Comptroller

June 2, 1913.

XIII

PART 2

CORRESPONDENCE

(Extraordinary Session)

XIII

PART 2

CORRESPONDENCE

(Extraordinary Session)

In the Matter of the Reconstruction of the State C^apitoJ,
and the Continuation of Such Work on a Percentage
Basis

Letter from State Architect, Lewis F. Pilcher

State op New York
Office of :State Asbq^PITept , , '

, Albany, July 3, 1913,.

Hon. William Sulzeb, Governor of th&. State of New
York, Albany, New York:

Sir. — Upon assuming charge of this department
upon the third day of May, I immediately adopted the
resolution of the Committee of Arohiteets appointed
by you from the American Institute of Architects to
examine the work upon the Capitol, and I found that
as stated in their report it would be impossible to
cancel the contracts of Messrs. Callanan & Prescott
on a percentage basis for doing such work as cutting
and: patching of exterior stone work and the western
staircase., My recommendation to you was, therefore,
to continue this portion of the work, on a percentage
basis. These contractors have made'' lump sum sub-
contracts for the interior finishing of the legislative
rooms on the third floor of the building. This took
them out of the percentage class and put them on a
lump sum basis. During March and April large num-
bers of men had been discharged from the Capitol.

[1225]

1226 Public Papers of Goveenoe Sulzeb

The other work was stopped, such as the completion
of the fourth, fifth and sixth floors and the cleaning
and pointing of the building, ;

In addition to the foregoing, the contracts for doing
the electrical work und'er 'p'ercentage basis had been
terminated. miosx-j.-: riBor, <.,..;; .,

Acting under the direction of the Trustees of Public
Buildings, lliave prepared plans and speciAc§,tions for
completing the fourth, fifth and ' sixtli ' floors of the
Oapitol upon a lump sum contract after public "fcidding.
Specifications have also been -prepared for, ideaniug
and pointing the building for the purpose of awarding
a lump sum contract.

Plans and specifications will be prepared for all
other work which will be advertised and thus the bene-
fit df competitive bidding w'ill be obtained. '' ' '

Eef erring to the deficieh'cy'in the appropriation, the
major pprtion of which was contracted for during the
previous administration and previous to the time When
you made your investigation, none of these bills have
been paid without most careful scrutiny on my parti

The work is being carried on as economically as is
possible, and wherever the conditions are such that
specifications can be prepared and the work publicly
advertised, this is being done. The public advertise-
ments now: running are the best evidence that a serious
effort is being made to complete the work on the most
economical basis. ■

: i , "■: ; Yours very truly,

. : (Sd) L. F. PILCHER

State Architect

Correspondence 1227

Presentation of Medal of Silver to Governor Sulzer in
Appreciation of His Interest Attending the Great
Reunion of the Blue and Gray at Gettysburg;

IjETtETt 01' Lewis E. Beitleu, Secretary to' The Gov-
ernor OF Pennsylvania ' '

Commonwealth op Pennsylvania

Harbisburg, July X^,X9^^
Hon. William Sulzer, Governor, Albany, New York:
Your Excellency.^- By direction of His Excellency,
the Governor, and our Commission, I have the honor
to present you the Medal of Silver herein in apprecia-
tion of' your active, earnest interest aS the Governor
of the State of New York, in aiding Us in every way in
achieving the successthat attended the Great Reunion
of the Blue and Grky at Gettysburg, July 1-4 last.

Trusting it may appear to you as an acceptably; me-
mento of an Occasion that surely under Divine Provi-
dence is destined' to accomplish the Real Reunion of
our Nation, I am; with highest personal regards.
Sincerely yours,
(Sgd.) LEWIS E. BEITLER .:
• '• ■< .-■ \M\ '-■ Secretar-y:-

.-■!foi" •■■ ■ ' i

In the Matter of the Unauthorized Use of the Shield and
Insignia of Italy

Letter i'R6M G'.' P. BaccellIJ' Consular Agent fOr

"''■'■'" Italy', 'a:t ALBAlrt.'Ni'Y. '■''

, Alba

^■('

yLBANY, N. Y., July 21, 1913
To His Excellency William Sulzer, Governor af the
, State of New York: ;

ExcELLENCY.—rfOn behalf of the Country I officially
represent and as instructed by the Consul General of

1228 Public Papebs of Govebnor Sulzeb

the Kingdom of Italy for this State, I beg leave to offi-
cially call your attention to the; maintenance of what
appears to be not only an unauthorized use of the
shieldiand insignia of Italy ibuit also a device well cal-
cula,ted to mi^leg,d and deceive the ignorant ap4 un-
wary of both Countries. , , .

The offensive exhibition is displayed at the front en-
trance of No. 104 Madison Ave.^ Albany, N. Y., in
the immeidiate vicinity of this Consulate, and consists
of similitude of the shield and arms of my Country.

Its evident purpose is to advertise the name placed
thereon or adjacent theretQ of oiie who poses to be an
": Italia,n notary public" and to cause the unthinking
or &yedulouB( to believe that he has some ■ connection
official or otherwise, with the Italian Grovernmentj or
that Ms business is carried on by or under or with the
consent, license or authority of the Italian Govern-
ment.

It is unnecessary to say that such inference is un-
true and is knowingly made with intent to mislead and
deceive/ The exhibition of said device is unauthorized,
improper and offensive to the Country I have the
honor to represent,^ and is, I: believe, 'if permitted to
exist, in violation of all established usages existing
between friendly nations.

' If no restraint is put upoia this abuse, we would soon
see the shield of Italy and' other foreign Countries,
as well as the shield of the State of New York dis-
played on the doors of undertakers, notaries public,
druggists, b!ai;ten4ers, or even bootblacks. A similar
abuse would be punished in italy with arrest.

As the man guilty of such nnpropriety, Vincent
Schirripa, is an American citizen and a notary ]^ublic
of this State, it is my duty to lay the matter before

CoRRBSPONDElirCE 1229

Your Excellency for sttcb action as you may deem ap-
propriate not only in respect to the present violation
but to prevent its like occui'i'ence in the future.
Very respectfully yours,

(Sgtl) G. P. B^CCELLI

Conmdfir Agent for Italy

Protesting Against Bulgatrian Atrocities

Qable Mes^^^^, jtkom THfl Pbe^ident of the Peofes-

SJOlSAJj COBPOBATION OF SaLONICA

Commercial Cable Office

20 Broad St. ,^

New York, July 21, 3913

His Excellency the Goyef/nor of Nenv, YorJc State, Al-
bany, New York: ., ■ , 1 :
Dear Sib. — We beg to enclose herewith a cable
message of July 20th, from Salonica, which we p,re
directed to forward to your Excellency.
, , : '■ Jlespectfully,

THE COMMBJjftGIAL CABLE CO.

[translation]

Salonica

His Excellency, The Governor of New York, Care
Peoples House, Albany, Netv York:

League of professional corporations of Salonica as-
sembled today, the 16th of July, in extraordinary
assembly, has the honor to report that a solemn meet-
ing held a few days ago approved for transmission to
European governments a resolution of protest against

1230 Public Papebs of , Gr9Y^i5i^OB Sulzek

Bulgarian crimes. officj,a;lly proven .iSijqli. as murders,
massacre of , thQjUS.aiids, pf men, old men, women and
children, as also tl^^ burning. ;of, flpiirjsMng yjllages of
Macedonia and Thrace. Our , league, with sorrow,
reports thai; these Bulgarian atrocities pass all bounds
in injustice ,and cruelty and draw particular attention
to the primitive condition of savagery of the Bulgarian
people from which this army came. Our league is of
the opinion that the Bulgarian state with. such free
military, organiza,tion is a ^^g^i^ous loenace to the
peace of Europe and consequently, in the interests of
the people and all social elapses of Europe for whom
peace is necessary, the^ league invokes your serious
consideration of this Matter", whethel- *it is not your
judgment, in view of the rfeveliations made, that the
miserable Bulgarians should have in the future no
right to organize themselves into a military bod.y, and
whether they should not be put under the protectorate
of civilized foreigners who could gHdually educate
and civilize them. ' - ■ ' ' ''

Please give publicity to this appeal'.in orgianizations
throughout the State and! Nation.' "- ^ ■

(Signed) PRESIDENT OF THE PROFES-
• ' ' SIGNAL COiRl'ORATIONS OF

SALONIOA

KRALLIS

Secretary-General

HalMaS -^ .A\ .v ^ -

•GiiSfiESPOiSTDENCE 1231

Sessions of the Trans^Mississippi Commercial Congress
at Wichita, Kansas

Lettek fbom Hon. Geoege H/ Hodges, GovEBNdB of

Kansas

Jfjjf^ CI ^ TT fid'l'r

State of Kansas
George H. Hodges, Governor

i- I'j-JutoO ,r- ToPBKA, July 22, 1913//
Hon. Y^M.^VLiz^B,, Governor, New York: no/ '»-ifi

My Dear Governor.— THe State of Kansas will have
the honor of entertaining the t\*^eilty:-foiirth Sessio'ns
of the trans-Mississippi Obmmercial Congress at
Wichita, October 21-24,' 1913'* For twenty-four years
this' congress has met in annual session in various
cities of the trans-Mississippi region, and has been in-
strumental in helping solve many of the great prob-
lems that the West has faced during this period.

I consider it timely to assemble at Wichita the gov-
ernors of the Western States on Wednesday and
Thursday, October 22-23. This is because many
matters of great importance to the various states in
the trans-Mississippi region wUl come up for consid-
eration at the sessions of the congress, I believe that
the executives of these states might well direct and
encourage a proper solution of these problems by their
own presence and action. The governors may discuss
these matters in an ex parte way, if they wish, and
then choose a spokesman to act for them in the regular
congress sessions. There is little doubt that their
recommendations and conclusions will be favorably
considered in the congress.

Without doubt, such participation by the governors,
and the endorsement by this honored and influential

1232 Public Papeks of Goveenok Sulzeb

organization of various matters which the executives
fliay themselves initiate will bring inuch pro^fe'SS to
the effort to obtaiii such state and national legislation
as may seem necessary to put these ^oncl\xsions int®
effect.

Now, therefore, in the name of the State of Kansas,
I extend you a cordial invitation to attend the trans-
Mississippi Commercia^l Congress at Wichita, Kansas,
Wednesday aM, ThurMay, October 22-23, 1913 ; and
I assure you thiat it wUl be a pl^asureforihe State of
Kaiisas jto welcome and entertain you in every fitting
ajid, desirable manner,

Very sincerely yours,

[seal] ,( sgd. ) :: GEO. H, HODGES

Governor of Kansas

XIV

PART 1

ADDRESSES

XIV
PART 1

' ADDRESSES

- t*

To a Delegation of Residents of Orange, Rockland and
Ulster Counties, Concerning the Construction of a
State Ro9d Around Storm King Mountain, on the
Hudsqn River ,

Albany,. N. Y.,. January 6, 1913

Governor Sulzer was visited to-day iii the Executive
Chamber at the Capitol by a large delegation of promi-
nent residents of Orange, Rockland and Ulster contt-
ties, headed by ex-Governor B.Odell, Jr., to gain his
assistance toward the construction of a Staite roaid
around Storm King mountain dn the Hudson river.
In the delegation were Arthur* A. McLean and Joseph
M. Dickey of Newburgh, former State Eailroad Com-
missioner.

The delegation formed a grbup about Governor
Sulzer and ex-Governor Odell addressed him as fol-
lows: , > '■■

" This lis a delegation of citizens from Orange,
Rockland and Ulster counties, a section of the State
as beautiful as any scenically, progressively and other-
wise. We come up, here to advocate the building of a
road around Storm King, so ;that the people from New
York, in search of health and recreation can come up
and enjoy our scenery and renew their acquaintance
with the, historic, ^pqts along the Hudson river. We
have made our wants and wishes known to. your High-
way Commission ,9,nd, we would mpst respectfully ask
your cordia,l co-operation in,bjringing to a speedy con-
summation this ; desirable public improvement. " . ; ;

1236]

1236 Public Papees of Governob Sulzek

Grovernor Sulzer: " Governor Odell and gentlemen,
I am very glad to meet you and to greet you. There
is nothing in the State in which I am more deeply in-
terested than the building of i good roads and their
maintenance. I have been studying the question all of
my life, and I hope before my administration ends to
demonstrate to the people that we can build good i^oads
in this State and maintain them. One of the things I
am determined to do is to see that every dollar of the
people's money spent for good roads brings back a
dollar 'p worth of good roads. I am going slow ,and
feeling my way, but I believe that the Department of
Highways ought to be thoroughly reorganized along
lines of greater economy and more efficiency to get
better results. :

" I recommended that in my message and I am tak-
ing it up now with the Legislature.

' ' I believe the people want to see a great highway
from New York to Albany and from Albany to Buffalo,
with feeders from that main line to every part of the
State. I am opposed to building a road that starts
nowhere and goes nowhere, and I know the best way
to build good roads is the way Julius Caesar built
them in his day, and Napoleon built them in his day,
and both of them are living in history to-day more on
account of what they did for good roads than on ac-
count of the people they killed.

" I know how important it is to build the road that
you are here about, and I want to help ybu in any way
I can, but I can't make a promise now, because I can't
see far enough ahead to do that. I suggest, however,
that before you leave this room you appoint Mr. Mc-
Lean and former Governor Odell and some one from
the western part of the State as a committee of three

Addresses 1237

to confer further with me. If that is agreeable to you
it will be satisfactory to me. ' '

(A member of the delegation) Joseph M. Dickey:
' ' You suggested Governor Odell and Mr. McLean and
one gentleman from the western part of the State.
The gentleman from the Western part of the State
would not be particularly interested in this trunk line.
Do you mean someone from another part of the dis-
trict?"

Governor Sulzer : " You are all here from one
locality?"

Member of the delegation: " Yes, sir."

Governor Sulzer: *' Then I will let Mr. Odell and
Mr. McLean select the other man. I think we ought
to have a man from some other part of the State."

Governor Odell: " Of course it is a State-wide
proposition undoubtedly, and there being no objection
I can see many reasons why it might be desirable."

Governor Sulzer: " Then if you and Mr. McLean
will select a man, that will be agreeable to me and I
trust it will be agreeable to all you gentlemen."

Statement by Qovernor Sulzer on Silas Wright, Governor
of New York, 1845=1846

January 11, 1913

',' When I ,\v^ent to Congress eighteen years ago,"
said Governor Sulzer in answer to an inquiry, ' ' I nxet
an old colored man, an attache of the United States
Senate^ He came to the Senate with Andrew Jackson,
from Tennessee, and had remained an attache, in the
Senate, during all the intervening years. This old
colored man had seen, observed, and Jieard every man

1238 Public Papees of Gtoveknor Sxjlzek

in the Uilited States Senate from tbeidaysiOf;Ja&kson,
and was a storehouse of information and anecdote
and reminiscence. One day I asked him, 'Who, in
yonr opinion, was the greatest man you ever saw in
the United States Senate?' Without a moment's
hesitancy he said, ' , Silas Wright. ' That struck me as
remarkablOi. I asked him for reasons-: He began to
niake comparisons between Wright and Marcy, Gal-
houn and Clay, Webster and Cass, Conkling and
Blaine, Jackson and Douglass, and all the other great
Senators from 1830 down to 1896. I was amazed >by
these comparisons. ■ : :; : ; ;:-

;.' Of course I had ■re&.d of Silas Wright, but this in-
fojiuiation, surprised me. The first opportunity I had
I went to the Congressional Library and called for
everything relating to Silas Wright, and I pored over
it^ — letters and. documents and books — until I; had
exhausted everything in^the Congressional Library re-
lating to Silas Wright;, and the more I studied the
data, the more convinced I became that this old col-
ored man was correct,: audi that one of the great men
of this country was Silas Wright.

" Then I looked up his old friends and relatives, and
went up to St. Lawrence county and talked with those
Who rgineihbered things about him; saw his old farm
and his old house, ahd saif his gtavfe' — nothing but a
slab all grown over with shrubs and briars — and
then pondered on what he ha<^ done, and .what h,e had
been, and how little was known of him to-day by this
generation. His niemory' has been neglected; he
should not be forgotten, and I concluded that I would
write his biography. I have, been at it off and. oh for
some time. 1 hope to finish it while I am G-overnor..

" Yes, ' ' continued Mr. Sulzer, ' ' the more you stiidy
the life and 'public Services of Silas Wright, the more

Acdkesses 1239

(jonvineed you become tln^t lie towers among the great
men of American ' history. I talked about him a bit
during 'the caiiiip^ign, and I have noticed here and
there that som'e of the n'dwfej)ap'ei's refer briefly to
what I said about him. Then I naentioned him fii my
inaugural.

" Silas Wright was oiie of the grekt Governors of
New York. Take him all in all, he was' a simple man,
an honest man; and a true American.
' " I' am glad," said' the Governor in conclusion,
" that dii account of what I have said ihrecent months
concerning this just man, the people are beginning to
study the life and the career of 'Wright — one of the
greatest men in all the annals of our commonwealth. ' '

Governor Sulzer's Remarks to a' ueJegiatio'n from the
Brotherhood of Locomotive Engineers of the State
of New York Who Called to Endorse John H. Talty of
Buffalo and John H. Hyland of Brooklyn for Appojnt"
ment as Public Service Commissioners,

Janvidry 16, 1913
The Governor said':- .: i

Mb. Chaieman and Gentlemen.^ It is a'gr'eat pleas-
ure for me to see yOu to-day and to "welcome you to
the Executive Chamber^ Y'ou siU know I am a friend
of eVeiry man 'in' y-our' organization,, and everything
that I can do consistently to promote the welfare of
y'our oi'ganization! I shall do it. ' '" |'
'" 1 am glad to receive these recomihendations arid will
give' them, at the proper time, careful (jdrisideration.
I cannot make any promises riow^ But I hope when
the appointriaerits are made yoii' will all be satisfied;

1240 Public Papers of Governor Sulzek

and if there are some who are not. satisfied I waijit yon
all to remember that I Imve done the very bjestihat I
could according to the light and information I ha-d,

I hope your sojourn in the Capital City of the Em-
pire State will be pleasant and agreeable and that you
will all have a good time here. And I wish you every
success in your deliberations, and .realiBe how im-
portant it is for all the people in the State to have you
people contented; and satisfied.

If therp is anything else, you desire to say to me I
shall be very glad to hear it. If not, I bid you all and
one, not goodbye, but au revoir, and will be glad to
see you any time you come to Albany.

To a Delegation from the Convention of the Town and
Country Agricultural Societies, Held i^ Albany

Friday, January 17, 1913

The Governor said:

Gentlemen, I am very glad to see yoti and to wel-
come you to Albany in the Executive Chamber. I
know what you represent regarding agricultural mat-
ters and no one in the State takes a deeper interest in
these matters than I do. I am a ,good deal of a farmer
myself. I was brought up on the farm and I hope jto
spend my retiring years on the farm.

I am very deeply interested in the agricultural re-
sources of the State, and as Governor, will do every-
thing in my power to promote them. The last census
shows that New York is falling behind in agricultua-al
matters and products. For fifty-seven yiears we were
the greatest agricultural State in the Union. To-day
we are third; and if we do not watch out aad give more

«a.N.i I Addresses 1241

attention to the soil and its capabilities, the next
ceiisus I am afraid will show that we are still lagging
behind, and we may be the fifth State in agricultural
resources.

I have very decided views and ideas regarding agri-
cultural matters, but I haven't the time this morning
to take them up with you. I have said some things in
my message about the matter, and I expect to say more
things as the days come and go. Suffice it to say this
motning that whatever I can do to aid you will be
done cheerfully. I want to keep in touch with you,
and whenever I have the time, want to go around the
State as much as possible and see for myself. I want
you to keep in touch with me — you men of the Grange.
Give me your views and your ideas, and let us en-
deavor to the best of our ability to work together for
greater results along every line of endeavor so far as
agricultural matters are concerned. Everything I
can do will be done, bnt I must of course depend much
on you. if(|

I am glad to see you and I want you to help me, as
I want to help you. I am satisfied if we all work to-
gether it is only a question of a year or two when we
would bring our State back, to its old, position as the
first State of the Unjon in agricultural matters.

At the Dinner of the Christian Brothers' Academy Alumni

t>. : a-v_,

15 ,> ' lo Albany, January 21, 1913 ij

" The Governor paid a tribute to the teacher.

" Everything that is done for the advancement of
learning," he said, " makes a better and greater
civilization. The teacher makes tremendous sacrifices.

1242 Public Papers of Goveenoe Sxjlzee

After all, he is the, greatest. man; in the; world, i "When
you get this idea firmly in your head you can see .what
the Christian Brothers have done .for the past three
centuries and a quarter. The teacher is- doing a
greater work than the, soldier or the statesman.. What
he does niakes the world gresiter and grander. All
that there is or will, be .in civilization the world owes
to the teachenV/ ; • •.■■.; -,

The Governor paid' tribute to Father' De La Salle
who founded'ithe i order of iOhristian Brothers three
centuries ago. i"i- 1.

"He saw into the future with' a judgment as clear
as it was unerring,; " he said. ' " He i founded this order
knowing it would never die. It is working throughout
the world to-day- to ^perpetuate his memory. All honor
to him for what he did and for what his disciples have
been doing ever since." ;

" I have prided myself," continued the Governor,
" upon the fact that I hate no prejudices except
against those things which are wrong. During, my
career I have demonstrated that I have no prejudice
of religion or creed and any Aian' who after having
lived fifty years can say this has not lived in vain."'

The Governor ' referred' to his 'aciquailitahce with
Brother Justin, One of the great men of the oMer who
died only a few years ago.

Steuggle foe Feeedom op Woeship

" For fifty years," said the Governor, " there had
been a struggle to have -the State of New York pass a
simple law. Sometimes it would, pass one house only
to be, beaten in the other. Twice it got to the Gover-
nor only to be vetoed. It was called the freedom of
worship bill. Brother Justin talked to me about it

' •■ ■ Addresses ■ •'! 1243

and I told him I would not stop fighting until the bill
was on' the statute books.' It was finally enacted.
There wa^ a great hue and bif' raised • Ovei* its 'pas-
sage. There would bda bigger one now if aiijone
should attempt to repeal it, and all* that the bill did
was to permit a man to worship G5d in accordance
with the -dictates ' of his own conscience. , .Brpther
Justin, had more to do with its enactment than any
other man. There are only two States in. the tjnion —
Virginia and Maryland — that have a, similar law.''

The Governor told of the trouble iwitii reference to
the erection of a Catholic chapel oi^ the military reser-
vation at West Point. '' tjp, to that time,''., he said,
" there was no, place pf worship pntjie res.ej^vation
except an Episcopal chapel. . The government h&d
ordered Father O'Keefe's chapel taken down. The
President refiise^ ,\o , interfere, ^an^ , the Secretary pf
War had issued an opinion that it ought not to be
allowed to remain. Brother! Justip. . appealed to, me,
and I sucopeded in getting a bill through Congress per-
naitting it to, remain, and it is still there."

In closing thp, Grovemor paid a tribui;e..tp thp work
which, the Christian Brother^ were doing.

"They are, succeeding, "he said, '.' and np greater
tribute could be paid |tp the^ progress and endurance of
Christian civilization."

1244 Public Papers of Gotebnob Sulzee

Remarks to a Delegation from the Legislative Board of
the Brotherhood of Locomotive Firemen and Engine-
men of the State of New York, Who Called to Endorse
Mr. Chase for Appointment as Public Service
Commissioner

The Governor said : '^«'**"^*'^ ^3, 1913

Mr. Chaieman and My Fkiends.— It is a great pleas-
ure for me to meet you and to welcome you to the
Executive Chamber of the Capitol of the State of New
York. No one knows more than I how much you
represent, and what you stand for, and what you do as
a part of society generally.

I have always been deeply interested in your welfare
and, in the future as in the past, anything 1 can do con-
sistently to promote the general welfare of your organ-
ization, and of your members individually, I shall al-
ways be glad to do.

Of course you know I have certain rules which I
never break, and one of my rules is never to promise
anything unless I have got it in my pocket. So I can-
not make you any promises to-day regarding whkt yoiir
spokesman has said, but I shall take into consideration
his remarks, and I shall also think about what he said
concerning these complaints you say you have made,
and which have not been given the attention they de-
serve, in your estimation.

Now, I know nothing about them except what your
spokesman has said, but I would be very glad if you
would appoint a committee to put these complaints into
shape regarding the Public Service Commissioners and
I will see what I can do to help you.

Much obliged to you. Gentlemen, if you will pass
right around this way I will be glad to shake hands
with every one of you.

Addkesses 1245

At the Dinner of the National Guard Association «t| the
Ten Eyck Hotel, Albany

JmiMary 25, 1913

' ' Tliere will be no politics in the guard while I am
in the iGxecutive Chamber," he declared. " 1 want you
oifioers ^o.tell jpur men, and if you don't I will when
1 have the opportunity, that there is a commission in
every man 's knapsack ,if he merits it. ' '

And then turning to the mezzanine gallery of the
ballroom, in which were seated many women, he con-
tinued: , ^

" There will be no other influence either — and I
say that ^dyisedly because there are so many charm-
ing ladies present. "

The dinner was the concluding function of, the thirty-
fifth annual convention of the association. There were
present nearly 300 delegates. The varied uniforms of
the different organizations, the red, #hite and blue of
the decorations, the gay adornments of the tallies,
made an attractive picture.

Before the dinner Governor Sulzer had a reception
in the parlor of the hotel and was introduced to the
members of the guard by Commander Russell Raynor,
the retiring president oJF the association. Major-Gen-
eral John F. O'Ryan, commander of the National
Guard, came i^p f rom New York to attend the function
and had an iiiformal reception in the lobbies of the
hotel^ receiving the congratulations of the officers on
his reinstatement.

Will Pbomote Gtjabd Welpab6
As the mess call was sounded the guests went into
dinner led by the Governor and 'Commander Raynor

1246 Public Papers of GbtEKNOK Sulzbr

while Bendell's orchestra played Bagley's " National
Emblem."'' Because of other engagements the GoV-
ernor was introduced by Commandei* Saynor, who was
the toastmaster, while the fish course was being served.
After stating his pleasure at being present he, said
they all knew that he had a warm place in his he^rt for
the National Guard.

"I believe in it," he said, "and I want to see it
grow until every one in the land concedes that' the
militia of Ivfew York State is tlie best and greatest in
America. As Governor it will be my constant effort to
do everything in my power to promote the welfare of
the National Guard. I say this advisedly. For. four-
teen years I served on the committee of military
affairs of the House of Representatives and my work
was along military lines. Officers of the- army can
testify that I did my work industriously and faithfully.
As a member of that committee I passed on the great
question relating to the Jifational army and the men
of that army. In every case I used judicial judgment
and decided it on the law and' the facts. So in State
affairs I propose to keep in close touch constantly Ayith
the members of the National Guard from the lowest
to the highest. I shall know what they are doing and
shall decide every case which reaches, me regardless of
any influence. There is no reason why the first State
in the Union shouldn't haye the best Rational Guard.
We have the iiiei; and the mbney^ All that we need is
fidelity .and determination and we can make this guard
what we expect it to be."

Merit Will Receive Promotion

;It was at this point that the Governor sounded his
note of warning to the politicians and the ladies.

H.iX.l'!^ ir,,/-!! AKDBEgSES, , 'I M.IH i •• 1247

*,' The only influence which I want to see at work in
the guard," he continued, " are ■ military influences.
By that I mean the influence which the officer exerts
on the men in, his command and the reports he brings
to those in authority concerniiig them. When an offi-
cer comes to the, proper authority to ask something for
a man in his command and, says of him /,that man is a
good soldier ' — that is the only kind of influence which
ought to have any weight. ,,i tj< <j5(j

' ' There is a matter pending in Washington in which
I take a great deal of interest. I refer to the militia
pay bUl. Although I am not now in Congress, I still
have some influence because of old acquaintances. I
want to see that' bill pass andi shall use what influence
I have in its favor. It may not pass at this session,
but it is just as sure to pass. at the next as that I- am
standing here. I want to see the men get something in
the guard except abuse. I would not only give them a
stipend; I would give them privileges as citizens for
their self-sacrifices and their heroism. I know, that
there are juSt as good men in the volunteers as there
are in the regulars. The only difference is that one is
a novice while the other is a veteran. " iitjisalatS a'l
-jjatft --'it l«) ga-wifJicaM- hr.n
Unpbbpaked in Spanish War

The Grovernor then referred to having been at Mon-
tauk Point when the troops returned from the Spanish
war. Y^

*"A^ Sorry looking spectacle they were," he 'said.
' ' Kiiowing what I know about that war I trust that
we, will never be called to fight another one as' unpre-
pared as we were for that. I want to see the National
Guard as well equipped, as well drilled and as good
soldiers in every respect as the regulars. If that had

1248 Public Papers of Govebnok Sulzek

been true at the beginning of the war with Spain,
things never would have happened which did happen
to our troops in the field.

' ' The Federal authorities are alive to the situation.
They have done much to better the conditions. Not all
has been accomplished. I hope they will keep on and
on until we have not only the best regulars but the bfest
volunteers in the world. We have now the best in
patriotism, in intelligence and in fighting ability; But
we must have our volunteer fully equipped and rea!dy
for the call when it comes. That is your duty as ofii-
cers. I know you will do your full djity, and what-
ever I can do to help yon will be cheerfully done. ' '

In closing the Grovernor asked all to fiirtheir glasses
and drink to this toast :

' ' The National Guard, officers and men ; good health
to them, and may they continue to prosper and grow in
merit and efficiency until all the people of the State
pay them that tribute of which they' are so well de-
serving."

To Delegation of Chy and County Sealer.s of Weights
and Measures of the State

AxiBANY, January 29, 1913

Governor Suker received a delegation to-day con-
sisting of the city and county sealers of weights and
measures of the Stq,te, who requested, through their
chairman, Jolin , L. Walsh, the Commissioner of
Weights and Measures of the pity of New York, that
no legislation be adopted in reference to the State De-
partment of Weights and Measures until they liad a^
ppportuni^y to be heard on the subject before the <jpv-
ernor*s Committee of Inquiry now investigating the

Addkesses '.-iiM 1249

State departments. The cities of New York, Eoches- '
ter, Buffalo, Syracuse, Bingliaiiiton, Albany and Troy,
as well as counties of the State, were represented.

In response to the request Governor Sulzer said:'

Mr. Chairman and Gentlemen. — There is only this
to say about what you present, and that is, that the
matter is being carefully looked into by tlie Committee
of Inquiry. I would be glad to have you see Mr. Car-
lisle about it and present your suggestions for his con-
sideration. ''*'''■

There is no disposition, as I explained to the news-
paper men this morning, to abolish the office of Sealer
of Weights and Measures. I have made that clear.

The only thing for me to do is to economize. We
must economize all along the line, otherwise we woh't
have money enough to pay the running expenses of
government.

Twenty years ago, when I was in the Legislature
and helped to make up the tax budget, it only cost
about $15,000,000 to run the State. Last year it cost
$43,000,000. The administration then had to resort to
direct taxes to get money enough to meet the budget.
The estimates for this year are over $63,000,000. And
where is the money coming from! If any of you can
devise ways to raise revenue I would like to hear from
you, because that is the man I am looking for. I am
confronted with a bondition which is very difficult to
solve. But it must be solved, and it can only ]>,& solyed
in two ways : First, by reducing expenses, or, secondly,
by increasing taxes. And you know what the people
say when you increase their taxes.

This office of Sealer of Weights and Measures has
jumped up in a few years from an expense to the peo-
ple of the State of $300 a year to over $47,000 a year.
The Committee of Inquiry I have rid doubt willirifbrm

40

J 250 Public Papeks oi-' Goveknob Hvuzaa

you, as it has me, that that is an imposition on the tax-
payers of the State of New York. We are going to
reduce the expenses, but we are not going to cripple the
efficiency of the service. That is the proposition, and
it is one that the people of the State will support when
they understand it. And that does not apply to this
place any more than to other places. We are going
to reduce expenses wherever possible in the interest
of economy and eflSeiency and good business, and not;
cripple the service. , .

The business of the State of New York to-day .is
being run along obsolete and antiquated lines. The
waste a,nd extravagance are startling, and we have got
to bring the State of New York up to present-day busi-
ness conditions, put it on a business basis, and run it,
honestly along economical lines in the interest of the
taxpayers.

I would like to know if anybody here objects to that?
If so, let him speak up now or forever hold his peace.

See Mr. Carlisle, gentlemen, and talk matters oyer
with him. Finally, I guess when we get through with
what we are doing you will all be sa.tisfied..

At the Lotus Club, in New York City

Febrvary 8, 1913

To be the guest of the Lotus Club is an honor deeply
appreciated. Of course I am grateful to its members,
each and every one, and shall ever treasure among the
most pleasant memories of my life the things said and
done here to-night.

The Lotus Club needs no eulogy. It is unique among
the clubs of our city, famous for the genius of its mem-

Addresses 1251

bers, pre-eminent as a fraternal institution of our
State, and its reputation for hospitality and good fel-
lowship is world-wide.

Just what to say on an occasion like this I know not.
I am here as your guest, with no speech, no message,
and I indulged the hope that I could come here and be
seen and not heard, and I am modest enough to covet
that position now and then, notwithstanding some of
my political critics say I talk too much.

Hence, to refute that slander, I am here to listen
and not to talk; to get sound advice and wise counsel
and not to trespass on your good nature with a windy
speech, or to resort to. doubtful and disinteresting
political prognostications.

' As many of yoU knolv from reading the newspapers,
I have been a very busy man ever since I took the oath
of office as the Governor of the State. To tell the truth
I have been working on an average about eighteen
hours out of the twenty-four, and this is the first public
dinner or reception or entertainment I have been able
to attend in this city since the first day of January.
Being Governor of New York is no easy job — that is,
if ybu want to be the Governor.

The members of this club are envied for their knowl-
edge of literature and are familiar, therefore, with the
advice and instructions Don Quixote gave his faithful
follower on " How to be a good Governor," and the
subtle reply of that diplomatic individual when be said :
" He would rather be Sancho Panza and go to heaSreh,
than be a governor and go to hell." Many people, I
am reminded daily, take the same view concerning the
destiny of the Governor of the Empire State. All of
which goes to prove that although we live in a pro-
gressive period, human nature is now much the same

1252 Public Papers of Gtovebnok Sulzeh

as it was in the days of the gallant Knight de la
Mancha.

Before I was elected I made up my mind, if success-
ful, to be the Grovernor of all the people. I am going
to be, and I iriitend to do the best I can in my own way,
according to my own light, regardless of the political
future or of personal consequences, because I know
that the political future is uncertain and that the con-
sequences are unpitying-

Long ago I made a vow to the people that if I became
Governor no influence would control me but the dic-
tates of my conscience and my determiimtion to do my
duty day in and day out as I_see the right. Have no
fear. I shall stick to that.

I stand now where I always have stood and where I
always wiU stand — for certain fundamental principles
-T-for freedprpi of speech, for the right of lawful assem-
bly, for the freedom of the press, for liberty under law,
for civil and religious freedom, fpr constitutional gov-
ernment, for equality and justice to all, for home rule
and the reserved rights of the State, for equal rights
to every one and special privileges to no one, and for
unshackled opportunity as the beacon light of .indi-
vidual hope and the ]?est guarantee for the perpetuity
o,f. pur f reeinst^tutiojis.

,,i^;ew York is the greatest State in the Union. It
§hou^d always be an example of economical and efficient
an^. progressive administration. As jtg Governor I
sha.il, in so far as I can, give the. people of the State an
ionest, an efficient, an economical and a businesslike
administration of public affairs. I say businesslike
advisedly, .because 1 assure the business men in every
part of our State that they can rely on me at all times
to d'o ray utihost to promote the commercial interests
of our coimnouAvealth. I realize how important they
are and shall always be exceedingly careful to take no

Addeessks 1253

step that win jeopardize the financial and the com-
mercial supremacy of the first State in the republic.

Suffice it to say that I arn a friend of every business,
whether big or little, so long as it is legitimate, and
will always have its welfare in view in the administra-
tion of State affairs. ^To this end I shall; continue to
work unceasingly for quicker and better transporta-
tion agencies, and for improved and larger terminal
facilities in, order that New York shall cpntinue to
receive her just share of the trade and the commerce
of the. country. , , ;

Whenever in doubt it is my purpose tp confide in
the people, and I. indulge the hppe_ that when my official
term comes to sin end I sh^ll have ^ecprnplished some-
thing, to jaaerit thfeir; approval and to ji^stify the con-
fidence they have reppf ed in- my intentions.

That is all there is to it, and that is. all. there is to
say just now. I want no glory, no credit for, doing my
duty, no future preferment, and wheji the office the
people gave me goes back to the people to whom it
belongs to give to some other man — I say again, and
I say advisedly — I want to retire from the misrepre-
sentations and the disappointment of political life to a
little farm by the side of the road and be the friend of
man.

Statement of Governor Sulzer on Congress of the Inter-
national Institute of Agriculture, to be Held in Rome,
Italy, and Appointment of Vincent Astor as One of
the Delegates to Represent the State

ALBANY, February 13, 1913

" The story of the International Institute of Agri-
culture iq Rome reads like a romance. Tlie govern-

1254 Public Papees of Govebnoe Sulzeb

ments of the world, at least forty-five of them, will be
represented at the Congress to be held there this year,
and a number of the Governors of the States, for the
first time in this country, will send delegates. The
State of New York for the first tiihe will setid delegates.
I am glad to do this. I take' a great interest in this
matter.

" I have selected Vincent Astor as a delegate. He
will go. He' came up to visit me and we talked the
whole matter over. He was interested in doing some-
thing to be useful. I pointed out the great work he
could do for the agricultural interest of New York.

" He spent the night at the People's House and we
talked over many things. He wanted to get my views
and advice as to how he could be a useful man
in the progress of the world. He is one of the richest
young men on earth, has only reached his majority
and is just out of college.

' ' I told him that he was living in a house with only
one window ; that he was looking out that window every
day and his views were consequently liniited and con-
tracted. I said, ' you have cotne to me for advice and
my views, I am going to put nine windows in your
house. You can look out of each of these windows with
me and you will get a greater perspective. After you
have looked out of all the windows, select the view you
like best and the field wherein you think you can be
the most useful, and then go to work and clo something
for your fellow man. Nobody can do more than you
can to make the world better and happier. '

" Well, he spent some time looking out of these win-
dows, and he didn 't seem to take much interest in any
one of them until I went to the agricultural window,
and the moment he looked out of that he said, ' that is
my field ; that is what I would like to do. I have one

ADDitESaKS ; 1255;

of the finest farms in the State of New York down
along the Hudson river| of over six thousand acres.
My father never did anything with it. I am going tp.
make that farm an experimental farm along scientific,
farm lines, and everything I do there will be to!d to
the people of the State of New York and the people of
the country, so that they will know; so that they will
have the information ; so that they can have the knowl-
edge. I will have soils tested and find out what they
lack, find out what they are best adapted for, gromng
purposes and so forth and so on. ' He said he would do
that. It is a splendid thing. He is to be highly com-
mended — greatly congratulated.

Mr. Payne : ' ' That is a very interesting story.
Governor. ' '

The Governor: " Yes, I saw in the papers that he
came up to see me about joining the Naval Militia. I
put that window in his house and he looked out of it.
He didn't take to that at all. He didn't see anything
in that. And so of all the windows out of which he
looked he didn't take much interest until he saw
through the glass of the agricultural window.

" Mr. Astor is a very intelligent young man. He
means well and wants to do real things. He has got
good sense and good ideas. He is not foolish in his
ideas. He is not going to waste his life. He wants to
do something beneficial for humanity, and he thinks
now agricultural development is his true field of en-
deavor. So after he selected the agricultural field I
told him all about David Lubin, only to a greater extent,
than I have now told you. I told him all about this
International Institute of Agriculture in Rome and,
how much it has done and how it had revolutionized
farming in Europe. He will go to the next Congress
and when he comes back there will be much work for

1256 Public Papees of Goveenok Sulzee

liim to do in this State. Whatever helps the farmer,
benefits the State — helps humanity. Scientific and
practical farming is the coming profession. It will
revolutionize the world. ' '

To Delegation Who Called upon the Governor in the
Interest of Labor Reforms

Albany, February 19, 1913

Governor Sulzer received in the Executive Chamber
to-day a large delegation from all over the State whose
members appeared to express their views regarding
the thirty-two bills introduced by the State Factory
Investigation Commission for the improvement of con-
ditions relating to fire and other hazards of industry
and the prohibition of child labor in the canneries and
in the tenement-houses and night work of women.

Miss Margaret Wilson, daughter of President-elect
Woodrow Wilson, was a member of the delegation of
Neighborhood Workers from New York city.

In the delegation also there were Samuel Gompers,
president of the American Federation of Labor; Miss
Frances Perkins, executive secretary of the Com-
mittee of Safety; Miss Pauline Goldmark of the Con-
sumers' League; Mr. Paul Kennedy of the Association
for Labor Legislation ; George E. Hall of the New York
Child Labor Committee; Mrs. J. Kennedy Tod of the
Presbyterian Hospital; Samuel McCixne Lindsay, presi-
dent New York Association for Labor Legislation, and
professor bf Social Legislation of Columbia Univer-
sityi; Robert S. Binkard, secretary of the City Club;
Frederick Howe, director of the People's Institute;
Peter J. Brady of the Allied Printing Trades ; George

Addresses 1257

Fqster Peabody, Reverend Dr. WiUi^m Adams Brown
and Dr. Thomas Darlington, former Health Commis-
sioner of the city of New York; Leo Arnstein, secre-
tary of the borough of Manhattan; Miss Ma-^line
Doty, secretary of the Child Life Committee of the
Progressive Party ; Mr. Mornay Williams, chairman of
the New York Child Labor Committee ; Mrs. Frederick
Nathan, [president of the New York; Consumers'
League ; Mrs. V. G. Simkhovitch of the Greenwich
House ; Elizabeth Dutcher, Woman Trade Union
League; John M. Glenn, Russell Sage Foundation;
Mr. Homer Folks, Chairman of Governor Sulzer's
Health Commission ; Henry Morgenthau, John Kings-
bury, Raymond V. IngersoU, Allan Robinson, Francis
Perkins, Julian B. Beaty; Rudolph P. Miller, Chief
Guerin, Dr. George M. Price, Henry Moskowitz, John
Fitch, Health Commissioner ; Ernst J. Lederle, Mr.
D. W. O 'Connor and Miss Mary Van Kleek.

The State Factory Investigation Commission was
appointed in 1911 on a recommendation of the Com-
mittee of Safety of New York, of which Henry Mor-
genthau was chairman, and of other civic bodies, which
were aroused into action by the Triangle Shirt Waist
fire in New York city, in which 147 persons, mostly
girls, lost their lives. It had as its members Senator
Robert F. Wagner, Assemblyman Alfred E. Smith,
Senator Charles M. Hamilton, Assemblyman Edward
D. Jacksoh, Assemblyman Cyrus W. Phillips, Samuel
Gompers, Simon Brentano, Robert E. Dowling and
Miss Mary E. Dreier.

Senator Wagner, as the chairman of the Commis-
sion, recently introduced bills in the Senate drawn up
by the CoramiSsion for the reformation of the' condi-
tions discovered by the investigation, and the same

1258 Public Papers of Governor Sulzer

bills have been introduced in the Assembly loj Speaker
Smith, who is vice-president of the Commission.

Abram I. Elkus, who acted as chief counsel of the
Commission, accompanied the delegation which waited
upon the Governor to-day, and in a brief speech indi-
cated the object of their visit to Albany.

Governor Sulzer in reply said :

" Mr. Elkus, Ladies and Gentlemen: It is a great
pleasure this morning for me to welcome you, each and
everyone, to the Executive Chamber.

" It is a matter for sincere congratulations that you
distinguished and disinterested citizens come to Albany
to advocate meritorious measures in the interest of
humanity and for the general welfare of the State.
All honor to yon for your patriotism.

' ' You are to be commended for your public-spirited
endeavors and no one: in the State appreciates it all
more than I do.

" Let me say thiat I am heartily in favor of the
measures now pending in the Legislature which you
are here to-day to champion and to advocate. I have
carefully examined these bills for the good of the
children and the people of the State generally, and I
am looking forward to an early day when I can offi-
cially approve them and) make them the laws of, the
Empire State.;

' ' In my message to the Legislature, I earnestly rec-
ommended these reforms because they arei near and
dear to my heart — and this is a matter not of recent
time — but a matter that I have always been in favor
of since I have been in puWic life. You know, and I
know, that the greatest thing in tl^e world is a child.
No one can tell what a child grown up to manhood or
womanhood may do or may be. I say, and have always
said, that the most valuable asset to the State is a

'\,i)X ;!. Addresses; 1259

child. The future depends on it. Everything depends
on it. .•>*• ',li^ 'Hi'

"At a dinner dn^ the White House not so very long
ago, a celebrated Ambassador asked me what was the
most wonderful thing in the, world. I answered, ' a
baby.' Then he said, ' That, is remarkable; how do you
explain it? ' I said, ' What do you think is the most
wonderful thing in the world? ' and he promptly re-
plied ' Th« Taj Mahal.' And I said, ' Why, the Taj
Mahal was built by a Frenchman and is a very beauti-
ful mausoleum ; but that Frenchman was once a babyj
and there is nothing on earth that is the work of man
and not the work of nature that some grown up baby
hasn't done. ' He looked at me for a moment and saidj
' That is a new thought to me. I think, perhaps, you
are right:' teili

"So I say to-day that all that we are and all that
we hope to be on earth, we owe to a baby directly or
indirectly after^^that baby grew to womanhood or to
manhood. Hence I have determined during the brief
time I shall be at this big desk to do everything I can^
in season and out of season, for the welfare of the
children of our State.

"Another thing: I am very much in favor of what
is popularly termed the conservation of our natural
resources. There are two kinds of natural resources
— one God gave us and the other man gave us. I am ■
more in favor of the conservation of the resources man
gave us than those God gave us; because what God
gave us we will always have. He never takes anything
away. God is always good. We have got to conserve
in this State human life. That is all important. What-
ever will bring about that accomplishment I assure
you will have my earnest support and my continued
advocacy.

1260 Public Papers of Governoe Sulzer

' ' You are here to-day in a great cause — the great-
est cause in the world — the cause of humanity. It is
a matter for mutual congratulation, and more, it is a
matter of hope, that civilization, from one end of the
world to the other — from the Occident to the Orient —
is alive to these great questions concerning the welfare
of himian beings ; and it speaks in volumes and in
thunder tones for the future of the race ; and whatever
will benefit the future of the race is for the general
welfare of the State. I am a friend of humanity. I
am for the cause.

"As the Governor of the first State in the Union, I
thank you good men and women for coming here to-day
to advocate these bills. In the name of all the people
of> our State ; in the name of a common liumanity ; in
the name of that touch of nature that makes the whole
world kin, I thank you for your help. (Applause.)

" What you will do here to-day will live in our his-
tory and be a monument in the annals of our State, a
tribute to your hearts and a credit to your heads -^ a
monument on the wayside pointing to the coming of
the better day when all mankind will be brothers.
(Applause.)

" In conclusion, let me say you are doing a great
work that perhaps you hardly appreciaite yourselves.
But as the days come and go and a common humanity
profits by your labors, the voice of the men and women
of our State will call you blessed — yes, twice blessed.

" Ladies and gentlemen, I thank you and wish you
all success in the humanitarian work you are doing for
the welfare of society, for the elevation of men and
women and for the glory of the State.'"

Addresses 1261

Speech, in Part, of Governor Sulzer at University Glub
Banquet, Ten Eyck Hotel, Albany, February 24,
1913

February 24, ltl3

It is a great pleasure for me to be one of your guests
to-night, and I thank you for your courteous greeting
and cordial reception. ,

It is a matter for congratulation that we have with
us the distinguished Premier, of Canada, the Riglit
Hon. Eobert Laird Borden. He is an, old ftiend of
mine, and I am glad to extend to him a hearty welcome
to the hospitality of our Commonwealth and a cordial
greeting in the name of the people of the Empire
State. He is one of the truly great men on our con-
tinent.

For many years I have beeii a student of Canada
and a friend of our sister country to the north. Our
friend the Premier governs the great land and a mo^t
patriotic people. I know whereof I speak when I ^ay
that the Canadians are the friends of the people of the
United States, and we are their friends and well
wishers.

I have travelled extensively in Canada and can tes-
tify as to the vastness of its territory and the richness
of its material resources. Stretching away from the
Atlantic to the Pacific, and from the International
boundary line to the North Pole, the great country of
Canada constitutes in itself a Vast Empire rich in
natural resources beyond the dreams of avarice. It is
destined to become one of the most populous countries
on the Western Hemisphere.

Many of our best citizens I regrfet to say are leaving
our States of the west and going into the Canadian

1262 Public Papers of Goveenob Sulzer

northwest because of the fertility of its soil ; the liber-
ality of the Canadian government; and the ability of
these people to better their conditions there, I have
seen the Canadian northwest grow year by year from
the boundless prairie to the most fertile wheat field
in the world. I have witnessed there the springing
into existence, as if by magic, populous villages and
towns of the most intelligent and the best people on
earth. That great Canadian northwest is destined to
become ere long the granary of North America.

The people to our north are the true friends of the
people of the United States ; they look to us for sisterly
sympathy, for a reciprocal exchange of products; and
their resources and their products are greater and
richer than those of countries far away across the
Pacific and Atlantic oceans.

We should extend to them a helping hand in their
onward march of progress. We should glory in their
prosperity. Their success is our success. They are
rapidly forging to the front; their exports a.nd their
imports are increasing annually; their tra^e is be-
coming more and more important, their ,com;Qierce
more and more valuable ; and instead of closiiig; our
doors by tariff barriers against these countries and
their products, in my opinion, we should open them
wider and do everything to facilitate closer com-
mercial relations.

We want their products and they want our products,
and all restrictions to prevent a fairer and freer ex-
change of goods, wares, and merchandise should, in so
far as possible, be eliminated. It will be for the best
interests of the people of the United States, of lasting
benefit to our neighbors to the north and for the
mutual advantage of each and every country on this

AbDRESsES 1263

hemispliere, binding us together in closer ties of
friendship and making for the peace and the fjros-
perity and the industrial progress of the times.

Now, another thing of soihe moment. No one in
America takes more interest than I do in educational
matters. 1 am a firm believer in the public schools,
and I want to see our public schools continue to be the
best in the world. In the future, as in the past, what-
ever "I can do to promote popular education in our
State and country will always be cheerfully done.

More than fifty years ago, Charles Sumner, on the
floor of the, United States Senate, gave utterance to
this thought: The two greatest , agencies of civiliza-
tion are the public^ schools and good roads.

We have splendid public schools. They are doing a
world work. "We must now build the best roads in the
country along permanent lines, and with every agency
that can be devised for their future maintenance at
the least possible cost to the taxpayers. This is a work
in which I am deeiply interested, and I have deter-
mined to see to it that in the future the taxpayers of
our State get a dollar's worth of good roads for every
dollar of their money expended. This is one of the
most important matters, at the present time, to all the
people of New York.

' It is a genuine satisfaction to me to say a few words
to the graduates here assembled, of the universities of
our country. They are the trained intellects in our
land. They owe a debt to society. They should take
more interest in public affairs and for the benefit of
the general welfare. They have had great opportuni-
ties. Their responsibilities to the State should be as
great. They should be less selfish, less self -centered,
and more patriotic^ and more altniistia

1264 PtTBijic Papers of Governor Sulzer

It is the duty of college men to participate in puljlic
matters — to take an active interest in politics. They
have much work. to do. They should shirk no political
responsibility, and ever remember that responsibilities
of every character gravitates to the men who will
shoulder them, whethex they are graduates from pur
colleges of learning, or better yet graduates from the
great university of Experience.

At the Noonday Luncheon in the Hampton Hotel, Albany,
N. Y., to Raise Funds for the Young Men's Christian
Association of Albany

February 26, 19l3

,;i My;fi:iends — and I say that advisedly, for every
man who is interested in the welfare of the Young
Men's Christian Association is a friend of mine, and
I of his. You deserye great credit for your enterprise
and ypflr enthusiasm and commendation for the suc-
. cess you have met with thus far.

I hope jou will be; able to get the ; $60,000 within the
nine days you have determined to do it in, and if you
do you will ibf, a " nine days' wonder." I know how
hard it is to collect money for worthy and charitable
purposes, a^d I am amazed at the success of your
efforts, in raising $45,000 in so few days. If you go on
as you have in the past you will have no difficulty in
getting the balance.

I wish you every success. I am confident you will
succeed, and I want to do a. little to help you. I am
not a very rich man. I will not contribute any money,
for, I am confident you wilLhave no trouble in getting
money. But you have a library and I shall makp a
donation to your library of 1,000 books.

Addresses 1265

Has Given Away 60,000 Books
For nearly eighteen years I have been gatheriiag
books in Washington, and when I left to come here I
had 75,000 volumes. I made' up my mind to disteibute
them throughout the country, and I have distributed
about 60,000. You will have the best books, picked
out by a most competent man, published by the govern-
ment during the past twenty-five years. Some of the
. books are exceedingly rare and can never be dupli-
cated, for the plates have been destroyed. Some are
exceedingly valuable, for reference.

I shall send a letter to the superintendent in Wash-
ington to pick out 1,000 of the ,best books left and send
them to the association. I hope you will put theman
your library and they will be more useful to you than
money would be to help that institution which is doing
so much for the welfare of those iu its own organiza-
tion and outside of it. Whatever is for the! welfare
and good of the individual is for th« welfare and good
of the State.

At the Banquet of the Allied Real Estate Interests, Held
at the Waldorf = Astoria, New York City

Friday Evening, Fehniary 28, 1913'

(Stenographically Eeported by the Sta,|;e Law Stenog-
raphers.)

Mr. Siilzer said:

Me. Chairman, Ladies and Gtentlemen. — It is a
pleasure for me to be your guest to-night, and I thank
yoH all for your cordial greeting.

No man could get me to come from Albany to New
York City to attend this banquet except your distin-
guished Chairman, my good friend, Allan Eobinson.

1266 Public Papers of Gtoveenor Sulzer

Ever since the first of the year, as you doubtless
know, I have been very busy, working about eighteen
hours out of the twenty -four, day in and day out, to ac-
complish some of the things your Chairman tells us
are so essential for the welfare of the State.

I am compelled to decline, on an average, about a
dozen invitations a day to dinners. I have a sort of
stereotyped answer to these invitations. It is called
Form " No. 23." When these invitations are brought
to me by my secretary, I turn them over to a type-
writer and just say, " 23, " and he writes the answer
of declination, saying that it is impossible for me to
accept on account of pressing official duties ; that the
people elected me to stay in Albany and attend to
the people's business; and not leave Albany two or
three times a week to attend banquets here, there
and everywhere. Sometimes these letters are read,
and I lose a few votes, but the people throughout the
State, generally say, " That is the kind of a Governor
we want."

Your Chairman referred to this question of taxation.
Of course, you know taxation is as old as civilization.
It will nevertheless always be new, so long as govern-
ment exists, and the support of government must rest,
in the last analysis on taxation.

I have traveled some in countries where taxes are
very light, and the goverhrnent is likewise.

In nine-tenths of the Latin-American countries no
taxes are levied on real estate or personal property.
There are only a few governments in all Central and
South America where there is a real estate tax;

Twenty odd years ago, when I went to the Legisla-
ture, it cost about fifteen millions of dollars a year to
pay the running expenses of the State of New York,

Addresses 1267

Ten years ago it cost twice that. Last year, npt:witli-
standing my predecessor did everything within his
power to economize, it cost the State of, New Yprjc
over fifty millions of dollars. It will cost more this
year.

The estimates from the departments sent to the
Legislature the first of tlie year total over sixty-three
millions of dollars, and unless we practice every econ-
omy, institute every efficiency, abolish every useless
office, eliminate waste, stop graft and keep ex-
penditures down to the minimum, it will cost the tax-
payers of the State of New York, ihis year more than
ever hef ore to pay the running expenses of the Gov-
ernment.

Last year the estimates fpr the charitably; institu-
tions of the State of New York were over ^leveja mil-
lions of dollars. Governor Dix cut the appropriations
down to about seven millions, against the protest of
many charitable disposed citizens in our State.

This year the managers of these charitable institu-
tions tell me they cannot possibly get along with less
than eleven millions of dollars. Very few of the States,
in the Union, have a budget so large as the budget of
the State of New York for charitable purposes. That
is what we are up against. That is what we are trying
to solve. It is a condition — not a theory.

Last year in order to meet the appropriations of the
Legislature, my predecessor had to resort to direct
taxes, and unless we can devise some other method of
raising revenue, we must resort to direct taxes this
year. You know how unpopular direct taxes are. If
you do not, I do.

As a matter of fact all taxation is unpopular. More
public men have risen and fallen on this question of

1268 Public Papees of Goveenoe Sulzee

taxation than on any other question in the politics of
America. It iiot only applies to the leaders of political
parties, but it applies also to political parties.

There is no place in the world, of which I am aware,
where taxation is popular, except in China — and in
China, you know, everything is face and luck. If you
lack what is face in the Orient, you cannot do business.
The imposition of taxes has been cari'ied so far in
China that it is written in the Chinese almanac — that
every diay is a lucky day to pay taxes — and do not
forget that the Chinaman believes in luck. Sometimes
I think we need a Chinese almanac.

Some pieople think the City of New York should have
a Chinese almanac because it seems that whenever we
try to devise some honest method to raise taxes, in
order to meet the increasing burdens of Government,
mounting higher and higher every year, many unthink-
ing citizens faisfe all sorts of obstacles and make all
kinds of protests.

There have been passed in the State of New York
since 1778, when the State was organized, over six
hundred laws relating to taxation. More than two hun-
dred of these laws have been passed within the past
ten years. To-day nearly all the burdens of govern-
ment fall on real property. Personal property, es-
pecially in our large cities, escapes its just share of the
burdens of government.

Every day plans are presented to me, by this man
and that man', to raise additional revenue. Most of
these sciienies are chimerical, and some of them are
quite revoluntionary. I do everything I can to pre-
vent their introduction in the Legislature. But I know
that something must be done.

The ihoreaised valnatioTi of real property in the City

Addresses 1269

of New York is amazing. Tlie valuations of real' es-
tate here have increased oil the tax assessment" rolls
during the past nine years five millions of dollars.
Think of it! To-day Teal estate in some 'of our cities
is hardly worth its assessed value.

It is ea^y for the tax assessors to inisrease vaiuei of
real property in order to get more revenue, but in my
judgment, many of these increases are unjust.

The other day I was infprmed .that there were over
two hundred and fifty thousand dispossess, proceedings
in the county of New York, last year for nonpayment
of rent. (A voice: That is right.) The gentleman
says, " That is right." Yes;'but if that be true some-
thing is wroiig.

These burdens do not fall on the ownfe^rs of the prop-
erty. They fall on the rent payer. The rent payers
should knovi^, and nine-tenths of them, in my opinion,
do know, that when the city', or the State, increases
taxes on real property, the owner rhu'st raise the rentals
in order to pay the taxes. '-

Hence, whatever will decre^lse taxation oh reaipfo]^-
erty, will, to a very large extent, decrease rentals ; and
this question, in its' finality, comes home with greater
force to the rent payer than it does to the taxpayer.
In the end it affects the rent payer more than' it does
the taxpayer.

I have said, over and over again, that if I liad iny
say, every citizen in our State would own his owh'hoihe.
When a man owns his own home, he will protect it.
When he does not own a home he cares little about pro-
tecting some other man's home. Men Avlio own their
homes make the best citizens. The best antidote for
anarchy is contehtment; and the man who owns his
home is generally contented.

1270 Public Papees of Go,yBB]sroE Sulzee

The true solution for the unrest — sweeping from
one end of the country to the other — is not more
remedial legislation, but more contentment at home,
and more satisfaction with surrounding conditions.
The more contented homes, the more contented men
and women, and the Iiappier the hearthside.

" To make a happy hearthside clime,
To means and wife ;

That's the true pathos and sublime — of human
life."

It is a matter of regret to me that land values in the
agricultural countries of the State are depreciated
more and more every year. There are more aban-
doned farms, to-day, in the State of New York than in
the States of Maine, New Hampshire and Vermont;
and yet New York is one of the most fertile agricul-
tural States in the Union.

According to the figures ,of the last census, New York
as an agricultural State, has fallen back to third place.
We mu^t remedy this evil. We must do something
for our farmers. We must keep the people in the
country. Too many are going to the cities, to the dis-
advantage of the country and the city. I want to see
the tide turn the other way. I want the people in the
cojigested districts of the cities urged to go to the
country to till the soil and to build and to possess their
own homes. In this way I know they will be healthier ;
they will be happier; and the country wiU be in all re-
spects better.

Whatever helps the farmer is for the best interest of
the general welfare. When the farmer is contented,
the State will be prosperous. You must not forget that
the farmer in the country has his troubles just as well

' Addresses ' ^ 1271

as tlie real estate men in the cities. The farmers have
their own troubles in the country.

My friend here, Mr. Seitz, will tell you about it
when he comes to speak, because he is a countryman,
and for years I understand, has been struggling along
trying to make his farm pay half what he spends on it.

We live in a great State; of diversified interests;
of many people ; good citizens who see things from dif-
ferent angles. If I were to make any criticism about
ourselves, it is this: We take too narrow a view of
great questions ; we are too provincial in many of our
opinions. New York is not the universe. We should
be broader in our views; less self -centered' in Our
opinions, and we should have fewer prejudices about
things seen and things unseen.

While I am Governor I shall do everything I can to
remedy the unjust burdens on real estate in the cities
of our State. It is my purpose to do what I can con-
sistently to aid the farmers of our State. I hope
when the census returns are again tabulated. New York
will not be third, but will be once more where she
was for half a century, the first agricultural State in
the Union. .

My mind goes back many years. I know a good deal
about conditions which should be changed. I do not
want 'to make comparisons. I know comparisons are
odious. Things are changing. That is a good sign.
I would not have everything remain the same. I want
things to change with the times, and change for the
better, in the interests of progress, and for the bet-
ter civilization, that looks forward to the dawning of
the brighter day.

There are things we need to help real estate, to put
up the value of the real property; things to promote
trade and to facilitate commerce.

1272 Public Papebs or Govebnoe Sulzee

Greater New York is the first city on the western
hemisphere. To maintain her supremacy she should
control her share of the trade and the commerce of
,th^. world. New York cannot go forward if we stand
still in trade and commerce.

TMs city to-day needs larger piers; greater term-
inals; and more transportation agencies. We should
deepen the Hudson river, from the metropolis to
Albany; and speedily finish the construction of the
Barge Oajial-i.

Shall we ever forget the good old days when our
ships — flying our flag:^ were at every wharf on South
street? We should do something to restore our ships;
to bring back our ship chandlers ; to receive the com-
merce that they brought; and' the trade that laid the
foundation for this great metropolis.

I long for the day when the flag of our country, flying
at the mizzen peak of a thousand ships, sailing the
seven seas, shall again bring to our shores the com-
merce from the ends of the earth.

I have been a member of the House of Representa-
tives, in Washington, so long that I continue to take
a deep interest in all that goes on in Congress. I have
watched the struggle there this session for two battle-
ships. I am a friend of the American Navy, and an
advocate of its welfare; and its glory; and its effi-
ciency. I always voted for an efficient navy when I was
in Congress.

We need a strong navy. We should have one of the
best navies in the world; not for offense; but for de-
fense --- that is for peace ; not to provoke war ; but to
prevent war. Every dollar spent for the Navy is just
so much money paid for national insurance to secure
enduringpeace.

But more than that; I want to see the Navy, the

ji;«.i)?- Addresses ''■'■'"< 1273

training school for our merchant sailors, who ere long,
I hope, will command our merchant marine. We
need'' a nierchant marine '' of European countries,
manned by these trained naval men, so that in case of
trouble,' they can be quickly utilized as naval auxili-
aries. That is economy. That will be in the interests
of our country, and for the benefit of all our merchants.

It is humiliating to confess, but it is a fact, never-
theless, that we have now less merchant ships than we
had a hundred years ago. Our country,(.in 1812, with
a population of about ten millions of people, hadia
greater merchant marine than it has to-day with a pop-
ulation of nearly a hundred millions of people. A
century ago we had more registered tonnage on the
high seas than we have to-day, notwithstanding the
fact that our country should be the foremost mari-
time power on earth, nn yfJ; • jij

Perhaps the goldeu age of our merchant sea service
will never return. The tramp steamers of foreign
countries have robbed the sea of much of its romance.
The old days of the great square rigged clippers that
sailed around the world are gone never to come back.
Our harbor will never again be as beautiful as when
those fine slaips were going and coming with all sail
set. The siiioke hangs heavy now over our ports once
bright with swelling sails of white. ')>ui if<-J It

Nevertheless we cannot continue to be prosperous
unless we have a merchant marine, and get our just
share of the trade and eommerce of the world. •!'i">

I have always been strongly in favor of increasing
the efficiency of our Navy and restoring our merchant
marine. I am a friend of the great shipping interests
of the United States, and have done all in my powei-, in
Congress and out of Congress, to aid in a practical way
the restoration of onr merchant marine. While a

1274 Public Papjeusj oi<' Goveknok Sulzek

memiber of the House of Representatives I introduoed
several bills, which, if enacted into law, would give our
own people our just share of the over-sea carrying
trade^

The time is at hand, it seems to me, to place the
American flag again, where it was before the Civil
War, on every sea and in every port. We must have
more ships ; they must be manned by Americans ; and
they must be owned by Americans. We should vig-
orously support laws to this end until our prestige on
the high seas is again fully attained.

It is a deplorable fact that our once great and power-
ful deep sea fleet has vanished, and that an ever-in-
creasing fleet of foreign vessels thirongs our_ports and
monopolizes the carrying of more than nine-tenths of
our import and export commerce.

In all earnestness, in the name of patriotism, I say
to you, that I know of no agency, to-day, that Will
bring more prosperity to our city and our State, than
the restoration of the American merchant marine.

More than a hundred years ago, our merchant ships,
carried nine-tenths of all our deep sea trade; while
to-day our ships carry less than five percent of our over
seas commerce. We pay every year to fbreign ship-
owners over three hundred millions of dollars. Think
of that ! Suppose we had to pay that directly in taxes !
What would you say! What a hue and cry we should
hear. Every year Americans pay fortunes to the own-
ers of foreign ships, flying foreign flags, available as
naval auxiliaries against us in case of war., We must
stop it. (A voice : You are right.) With all true pa-
triots, I long for the coming of the day when American
ships again will be on every sea, and our flag gloriously
floating on the breeze in every port.

I am willing to go as far as any man in this country

Addresses - 1275

to legislate for the restoration of the American mer-
chant marine to all its former glory, and to secure for
the American people their just share of the over-seas
carrying trade of the world.

I know, and every man who has investigated the sub-
ject knows, that our loss of deep sea commerce is due
entirely to our own iniquitous legislation and short-
sighted marine policies. If the American Congress
would legislate intelligently regarding this subject, we
could restore our merchant marine and secure nine-
tehths of all our commerce on the high seas, exports
and imports, without taking a single dollar from the
pockets of the taxpayers.

If we would only follow in the steps of the fathers
we could speedily secure our just share of our ocean
carrying trade ; revive our Shipbuilding industries ;
give employment in our shipyards to thousands and
thousands of men in all parts of the country; bring
about an era of prosperity such as we have never
known in our shipping trade ; place our flag on ships
in every sea; and make the American sailor what he
was in the historic days of the Republic — the prid« of
the people and the arbiter of the ocean highways of
the world.

Speech, in Part, at the Home Rule Conference and
Dinner of the Municipal Government Association of
New York State and the Legislative Committee of
the New York State Conference of Mayors, at the
Hotel Ten Eyck, Albany, N. Y.

Thursday Evening, March 13, 1913
It goes without saying that I am in sympathy with
the purposes of this important gathering, and I con-
gratulate those assembled for what they are doing
to promote genuine home rule.

J276 Public Papees of Gtovehjstoe Sulzek

, .TJie; s^iitimpnt back of the, denaand for home rule is
tlje same sentiment that animated the patriotic fathers
in , tl^e,ir heroic struggle for our independence. It
breathes the spirit of the Declaration of Independence,
and it voices the aspirations of every lover of liberty.
No man in our State is ^ more in favor of genuine
home rule than I am. It is a part of my political
religion. I believe in local self-government for village,
^ridjfor ,toAvn, and for city, and for county; and I
know by long, experience that the people are capable
of IqjCaI self-government. A denial of this proposition
is , an indictment of Amei;ican intelligence and pa-
triotism.

In my message to the Legislature I said,: .

" Let us stand squarely for home rule and local
self-government — ^horne rule for the States — :for
the , retServed rights of the State — against en-
croachments by the central government at Wash-
, ington. Home rule foi'.the counties, and the cities,
and the towns, and the villages of the State,
against legislative tinkering and invasion."

r stand for that.
' Yes, my friends, I believe in local autonomy as a
fundamental right. The truths of history have taught
us that many of the evils the people want remedied;
that most of 'the tilings the people want doiife; can be
reiiiedied, and can be done, through local agencies,
without ffitei-ference oi- invasioTfi by the National and
State Legislatures. ' '' '' '''

Let me urge you, gentlemen, and' through you all the
people to be firm at all times for home rule ; and for
the rights of the. people in their respective communities
to govern themselves politically, as well as otlierwise,
without legislative interference except when absolutely

■iX Uit ■ AUDKESSES .I'u'i 3277

necessary. As Governor in the future as in the past
I shall adhere to that without deviation, m-kv) m

The people can count on nae, as the Governor qf the
State, not to interfere with home rule in any loca,lity
if I can possibly avoid it. If I do interfere, directly
or indirectly, it must be for the good of the general
welfare, and then only in a case that rises superior to
local considerations for the common weal. ,') r-i;! di i

I am now, and ever have been, in accord wifhy that
fundamental principle of American statesmanship that
the States in themselves are sovereigns, and 1 stand
unequivocally for their reserved rights and sovereign
I)owers against the tendencies of centralization of the
Federal govei-imaent. We know that the States are
divided into counties, and that each county, in so far
as possible, should have the right to govern itself in
civil and political matters. For that reason, as 'the
Governor, I am determined to recognize the rights of
the counties in every part of the State through their
duly constituted officials and electoral machinery. iK

Then again, the counties have within their confines,
the villages, the towns, and the cities; and I want to
see the greatest amount of local authority concentrated
in the hands of the officials of these constituent parts
of the counties of ,the State. .>(j' 'Adv-

As Thomas Jefferson well said, " If we are: directed
from Washington when to sow and when to reap we
shall soon want bread. ' ' If that applies, to the seat of
the Federal government in connection with- the rights
of the States, it also applies with greater force to the
seat of the State government in connection with the
rights of the counties, the cities, the towns, and the
villages of the State. ,70 1 '((I ;

We know that in tlie (livcn'sifieatiun of power lies
the safety of the State. We cannot deny the proposi-

1278 Public Papbbs of GoVernob Sulzer

tion that One generation is as capable as another of
taking care of its own local affairs and solving its
own local problems. As Ralph Waldo Emerson truly
says, "All forms of government are ridiculous except
those which men make for themselves."

You remember Ma,rk Twain once said, " when in
doubt take a drink." My policy as Governor is when
in doubt confide in the people. I enunciated that idea
in my inaugural address, and have been saying it now
and then as occasion arises. I know the power of pub-
lic opinion. I believe that all the people are wiser
than a few of the pesople. Public opinion is the safest
guide for legislation as well as political conduct. As
the Bible says : " In a multitude of counsel there is
much wisdom. ' '

Cities should be as free from interference from the
State as the States should be free from the Federal
government. Municipalities should be independent in
matters of purely local concern, and they should have
the right to adopt their own charter, just as the people
of the State have the right to adopt their own constitu-
tion. Municipalities should have the right to call a
city charter convention the same as the people of the
State have the right to call a constitutional convention.

The trouble with the cities is not too much democ-
racy but too little democracy. There is too much
State control. We need home rule to create city
democracies, or republics, like those of Athens and
Eome. It- was freedom that inspired in these cities
local patriotism such as seldom has been equalled be-
fore or since.

Home rule is the demand on the part of the people
to be trusted, trusted to govern themselves. Democ-
racy rather than class interest is becoming intelli-
gently organized. With the growth of cities they are

Addbissses 1279

becoming political units of great importance to the
State. The opponents of home rule distrust democ-
racy, but I do not fear the people. I fear special
privileges.

In the cities life is full and eager, and the industrial
issues that are becoming so prominent in political life
are finding, and should find, their true solution in the
cities.

It is because of the survival of old monarchial ideas
that our cities are not more independent. We proceed
on the theory that the sovereignty which grants a
city charter is a power similar to that formerly wielded
by kings and emperors. It is a concession appa,rently
to some that we grant to cities power to do this or that.
But in a republic such as ours the sovereignty resides
in the people. The electors are the sovereigns. All
just goyernments obtain their powers in a democracy
like ours from the consent of the people.

We have the highest authority for home rule.
Thomas Jefferson believed that the permanency of
our nation depended upon distribution of the powers
of government.

The diversification of power is necessary for the
safety of the State. Home rule is demanded by the
progressive spirit of our times, which demands that
affairs of government shall be pla,ced close to the peo-
ple and kept there. When legislation for a community
is carried on at a distance remote public opinion fails
to properly influence that legislation.

Public hearings are efforts to overcome this evil.
It is better to have our legislative body close to the
community than to take representatives of a com-
munity long distances to, naeet the Legislature.

Let cities be kept free from the State as the State
is kept free from national interference in things local.

1280 Public Papers oi*' Governor Sulzee

As States adopt their own constitutions so should
cities adopt their own charters. The cure for the evils
of democracy is more democracy.

Home rulers trust the people, their opponents fear
popular control. ■

Speech, in Part, at the Banquet in Celebration of Saint
Patrick's Day, at the Waldorf Hotel, New York City

MonCay EvEsriN-Q, March 11th

The memorj^ of Saint Patrick is an inspiration to the
lovers of liberty, and an incentive for nol)ler and bet-
ter things to the friends of humanity.

No race in all the world has ever itiet adversity
with more heroism, with finer fortitude, and sur-
mounted greater obstacles, in the march of progress,
than the intrepid sons and the virtuous daugliters of
Ireland.

One of the greatest characters of all tlie past, from
whom the Irish people have ever gained hope and
couriage, in their struggle for better conditions, for
more freedom, and for the rights of their country,
has been dear old Saint Patrick, who drove out the
shakes, planted the shamrock on Irish soil, and in-
structed the Irish of bygone days to cultivate love of
country aiid national unity.

Amid all the trials and afflictions with which the
Irish people have been surrounded, they never lost
faith in the dawning of the better day. In visions they
liave seen and struggled for happy homes and a con-
tented country. All honor and all glory to the Irish
for their fidelity to principle, and their devotion to
the patriotic aspirations of their race.

There is no way by which one can better gain cour-
age, and hope, ancl determination, to jjerform his duty

, A]5)DBJ!SSES : .1281

as lie seegj the right, than to look haiak for inspiration
to the lives of illijstrious men who in their day and
generation had the courage of their convictions, and
did their duty honestly and fearlessly, regardless of
the future or of personal Consequences. ' '"'

Philosophers ha-^e speculated as to whether prosper-
it}^ or adversity is the more conducive to the geriiUs
of accomplishment. The ^fiirit of the Irish I'ace which
ha,s always met adversity with sublinie faith in tie
future and a determination to overcome'every obstacle,
answers the question ; ajid this faith and this deter-
mination have produced the heroic rhfehaild the noble
women of the Emerald Isle. i • • i (

Speaking as the Governor of the first State in the
Union, I kssert without ffea,r of successful contradic-
tion, the great debt the commonwealth of New^ York
owes to the soiis and the daughters of Ireland! 'The
earliest history of our State tells of celebrations in
honor of Saiiit Patrick like that which we are holding
to-night. The records show that Saiiit Patrick's day
was celebrated in NeS^ York as early as 1762. The
New York Mercui^;^ on Mkrch 15, 1762, informs us
that the following notice was 'published :

' ' The anniversary feast of Saint Patrick is to
be celebrated pn Wednesday, the 17th instant, at
the house of Mr. John Marshall, ait Mount Pleas-
ant, near the college. Gentlemen that please to
attend will meet with the best music."

In the New York Journal of March 11, 1769, appears
the following notice:

" The Frjendly Brothers of Saint Patrick and
several gentlemen of this city, intend dining to-
gether at Bolton and Siegels next Monday, and
from thence to go to the play in the evening; such
41

1282 Public Papbbs of Goveenoe Sulzeb

gentlemen as prbpo&e to join tHeiidt will pl6iase to
send' in their name to the bar of said tavern two
days before."

We may read between the lines of these notices of
days gone by, t]a£it Saijftt Patrick's: day celebrations
were then, as now, intencleid. to f oste^ sentiments of love
of good cheejT, and Qf friendship. ;,,,!;

In the story of the jiinp-rifjan Eevolution we find
many rel'erences to the fapt,, that tjie memory of Saint
Patrick; was stimulating Irishmen tp love of liberty
annJ patriotic fervor. Gr^n^raj "Washington gave orders
for celebrating the day in, 1780, at Morristown, New
Jersey. We read, of bis dining with the Friendly Sons
, o,f Saint Patrick, wh^re the ' ' triumphant democracy ; ' '
f ', the Anijerican _ President ; " " our Army ; ' ' " our
Navy ; " ' ' our heroe^ and our martyrs ; ' ' were honored
, with hearty toasts.

In thpse days, as to-day, the Irish people were knpyn
f qr theii; joyous dispositions ; for their hearty ap-
preciation I for every kindness bestowed ; for their rev-
erence and venera,tioUi for.the good and great; and for
their ambition to achieve industrial and political
freedom and independence.

Irishmen have never believed that government is a
compact between, those who govern and those who are
governed,. They h^ye always been ^mbued with the
spirit of the De.clara,tion of Independence, that the
people composing any country constitute the sovereign
power; and that governments only have a right to
arise through a compact of the people with each other.

Irishmen have ever believed in governments aris-
ing out of the people and not over the people.' They
have never ceased to protest, and never will cease to
protest against government by conquest. No country

Addresses i 1283

has more unh-appily illustrated the evils of government
founded on conquest than has Ireland.

The old-time spirit of 1776, which wrote the Declara-
tion of Independence, which declared that all men are
created equal, and endowed by their Creator with the
inalienable right of life and liberty, and the pursuit of
happiness, gives rise to-day to the sentiment for home
rule/ and to the demand that the people of every com-
munity shall have the right to govern their own affairs.

Let me say again what I have often said before that
I am now, always have been and ever will be, a firm
believer in home rule — in the doctrine of .the right of
the people to govern themselves. In my opinion every
community of men inherently possess the right of , self-
government, and its denial has ever compelled the
friends ofi liberty to seek through the most heroic
struggles to att£|.in thi^ right when denied by despotic
rulers.

The establishment of the. United States, has shpwn
that the people can be trusted with self-government.
The eyes of suffering Ireland have ever been fixed on
us with joy and hope. Where every man is a sharer in
the direction of government he feels that h,e|is a par-
ticipator in its affairs not merely, on election day, but
on every day in, the year.

A government of the people is the only government
which is not eternally at war with the rights of no^an.

Saint Patrick was a home ruler. He stood for local
self-government. At no time can we more appropri-
ately lookifoiiward to visions of a more perfect State,
dealing out even-handed -justice to, all, than upon
these annual celebrations of Saint Patrick's Day, when
we rejoice that thrones are crumbling; th^at; JKingcraf t
is passing away; that the aristocracy of idleness is
vanishing; that industrial slavery is going the way of

1284 Public Papers oi? Gtgvebnor Sulzee

chattel slavery; where the homes of the working peo-
ple will be supplied not only with the necessaries of
lifei, but with some of its luxuries ; where honest work
will reap its just rew;ard ; where society will see
no honest girl driven by poverty to the desperate
choice of suicide or shame ; where the shadow of the
gallqwS; will no longer fall; where we shall see no more
oppressed humanity's o^stretched hand,^-^but where
love will reign, and in every heart shall shine- the
bright star of llope eternal.

Remarks, in Part, of Mr. Sulzer at the Complimentary
Dinner in His Honor, to Celebrate his Fiftieth Births-
day, at the Cafe Boulevard, Tenth Street and Second
Avenue, New York City

March 18, 1913

My friends :^ No words of mine — and I speak from
the depths of a grateful heart — can tell you how
much I appreciate this dinner in celebration of my
birthday, and of all that I owe to you for all that yoii
have done for me.

Here assembled are spme of the best and truest
friends a man ever 'had. If I have done aught in the
years gone by to justify this recognition of your kind-
ness, of your generosity, and of your appreciation, the
credit is yours, and th« praise is yours, because all
that I am. I owe, to a very large extent, to those around
this festive board for the confidence they have reposed
in me, and in the rectitude of my intentions, in all the
years of the past when I represented this district in
the Congress of the United States.

You know me as I am; and as 1 am, I ever hope to
be. I would not be different if I could, and I could not
if I would. You know that I have no race, no political,
and no religious prejudice. The only prejudice I have

AbUpesseS; i 1285:

is against intrenclied wrongs, to remedy whichi I have
struggled all my life. I am broad-minded in my views,
I believe in my fellowman, in the good of society ^en>
erally, and I know that the world is growing betterj
My face is to the dawning of the better and the
brighter day that heralds the coming of the Brother-
hood of Man.

In the future, as in the past, you can count on me
to struggle to help those wljo need help; to do nay
share in my day and generation for the general Wel-
fare ; to aid Oppressed humanity in every land and in
every clime ; and to raise the humble and the lowly to
a higher level and a loftier plane in the onward march
of progress and of civilization.

Long ago I mad.e a vow to ; the people that in the
performance of my duty no influence ^ould control me
butj the dictates of my conscience and my determina-
tion to ido the right ^r- as I see the light — day in and
day out, regardless of the political future or personal
consequences. Have no fear. I shall stick to that.

Let me say again that I stand now, where I have
always stood, and where I always will stand — for
certain fundamental principles — for freedom of
speech; for the right of lawful assembly; for the free-
dom of the press ; for liberty under law ; for civil and
religious freedom ; for constitutional government ; for
equality and justice to all; for home rule and local
self-government; for the reserved, rights of the States;
for equal rights to everyone and special privileges to
no one; and for unshackled opportunity as the beacon
light of individual hope, and the best guarantee for
the perpetuity of our free institutions.

New York is the greatest State in the Union, i It
should always be an exemplar of economical, an effi-

1286 Public Papees op GtOvebnoe Sulzek

cient, and progressive administration. As its (rov-
ernor I shall, in so far as I can, give the people of the
State an honest, efficient, an economical and a business-;
like' administration of public affairs. I say busi-
ness-like advisedly, because I assure the business men
in every part of our State that they can rely on me at
all times to do my utmost to promote the commercial
interests of our commonwealth. I realize how im-
portant they are, and shall always be exceedingly care-
ful to take no step that will jeopardize thei financial
and the commercial supremacy of the first State in the.
Repiiblic.

Suffice it to say that I am a friend of every business,
whether big or little, so long as it is legitimate, and
will always have its welfare in view in the administra-
tion of State affairs. To this end'I shall continue to
work unceasingly for quicker and better transportation
agencies in every part of the State, and for improved
and larger terminal facilities, in order that New York
shall continue to receive her just share of the trade
and the commerce of the coimtry.

Whenever in doubt it is my purpose to confide in the
people, and I indulge the hope that when my official
term comes to ah end I shall have accomplished some-
thing to merit their approval^ knd to justify the con-
fidence they have reposed in the rectitude of my
intentions.

As many of you know I have been over some of the
celebratfed trails of our country — the trails made by
our heroic settlers in the pioneer days of the Republic.
A few years ago I travelled over the famous " Santa
Fe Trail " stretching away from St. Louis westward
and southward to the capital of New Mexico. There
in the old Plaza, where the trail ends, is a gmall gran-
ite shaft to the memory of Kit Carson, the pathfinder,

' ■' Addresses 1287

the' scout and tlie guide of tliat world-renowned route.
On it are inscribed these simple words, '"Well done,

Kit."' ■' ■ : ' >■■:.-

When my. career on earth'is finished, ahd I am gath-
ered to the fathers, I indulge the hope that if I 'have
done aught for my fellowman, that those who appre-
ciate my efforts for a common humanity will erect over
my grave a Similar simple shaft, and on it inscribe the
wordsy " Well' done, Bill." I want no greater re-
ward— no greater glory — no more lasting fame.

And so my friends, in conclusion, I thank you again
one and all, for what' you have done for me; and God
willing I assure you that in the future, as in the
past, I shall, to the best of my ability, fight on for
truth ; fight on for justice ; fight on for progress ; fight
'on' for humanity; fight on for the eaus^ that lacks as-
sistance; against the wrongs that nefed resistance; for
the future inthe distance, and the good that I can do.

Remarks of Governor Sulzer to a Delegation of Scholars
from the; Walton High School, Delaware County,
N. Y., Headed by Senator Wheeler and Professor
Darling, Who Called at Executive Chamber to Pay
Their Respects ■

Albany,. N. Y., March 21, 1913

Governor Sulzer said :

Peofessoe, Sei^atoe, Ladies and Gentlemen. —
It is a great pleasure for me to gre^t you and to wel-
come you in, tj^ie Execijtive Chamber of the capitol of
the State of N^w; York., Nobody is more welcome here
tha,n the teachers an(J th.e scholars of our ^.t^ate. I take
a deep interest in. this T^eljfape of t^tie .stjid|ents and,t^e
teachers in our schools.

1288 Public Papers op Gotebnor Sulzer

I believe the teacher is about the greatest man, or
woman, in the world. ^ The teachers' profession is in
many respects the greatest profession on earth. The
wofk that the teacher does for society, the general
welfare, and civilization, is a work often little appre-
ciated, but its lasting beiiefits to all is of farreaching
. iniportance.

I have always said, and repeat it now, that great
credit and commendation should be given the teachers
of the world. They are doing a great work for the
good of humanity, and any work that benefits human-
ity is, a world work that ought to be appreciated by
every citizen, from one end of the country to the other.
All honor to our teachers.

You come from a well-known school, in a well-known
county of our State. I like Delaware county, and I
know something about your school. You are to be
congratulated that you are students in that famous
institution of learning. I know the education you are
getting there, and how beneficial it is to you now, and
how very much more beneficial it will be to you as the
years come arid gO. ..... ., , ,1

Sometimes our students -^ the boys and girls — do
not appreciate the advantages they enjoy under the
free institutions of our State. But in after years, when
you come to look vipon these student days, you will
see things in a greater light and with a clearer per-
ception than you do now. At all events, now is the
time for you to appreciate all tbat your teachers are
doing for, you. Be. grateful to theni; ot^ey themj be
sympathetic with them; and tty to work with them
for your own good. Learn all you can in your learning
days. ^ Now is the time. After awhile you will not
have so much time to learn as you have now. What
you learn now you will never forget. Store away in

Addb!esses i 1289

the backs, of your heads — that great; reservoir that
Crod has put there — ^^ all the knowledge you can get, so
that you can utilize it when you go otit in the world to
make your own fortune. . ^

The world^ is before you. Opportunity is yours. > It
is, in your owji power to JJ^ake or, mar your tfwn C9,reer.
The country waits for the man^ or woman, who, knows
how.

Real greatijess consists in the ■- possession an^. (de-
velopment of three faculties — observation, by which
you acquire knowledge ;. concentration, by which you
store it away;, and ianalyzation, by which you utilize it.
Any individual who possesses, well-developed, these
three great faculties is a geniu,s. Very t'e\Y; people in
all the annals of the world have possessed them. Those
that have possessed them have written their namesiin
enduring fame all through the pages of human history.

A man, or a woman, with these three great faculties
well-developed appears on the stage of humanity only
an,ce or twice in a thousand years, but he, or she, never
disappears. These , kind, of people live forever. i)o not
forget thai. That is the real secret of all true success
in. every M^alk of life and along every avenue of pur-
suit.

You can look into the faces of people and see whether
they have the faculty of observation . or not, by the
shape of their forehead. Some have it more than
others; but all have it to a greater or lesser degree.
That,,is the first great thing — obserV^atipn, by which
you acquire, knowledge through the eyes, through. the
ears, and .through every other sense and faculty.

Then comes concentration. Eemeniber that knowl-
edge is of no use unless you concentrate it, that is to
put it away, store it up so to speak, so you. can use it
in the future when you most need it!

1290' Public Papebs of Goveknok Sulzeb

And' now last! and gresltest of all, analyzation, by
which' you can take that knowledge from the store-
house, analyze it, like a chemist will analyze a piece of
rock, and then utilize all that is of value.

In conclusion let me urge you.to develop these thr€e
faculties. You have them. ■ We all have them. ' Those ^
who develop them the most 'Will become the best women
and the greatest men. Do not forget this. What the
country needs to-day, more- i than anything else, is
great men and good women who will protect and pre-
serve what the fathers vouchsafed to us — our free in-
stitutions—• and hand them down unimpaired to future
generations. Let us all do our part,

Now, ladies and gentlemen, if- you will form in line
this way I shall be glad to shake hands with each of
you. =

Governor Siilzer's Speech on County Autonomy and
Political Independence, Deliveried at the Banquet of
the Democratic Editorial Association of the State of
New York, Held at the Hotel Ten feycit, Albany, N. Y,

Tuesday Evi!NiiNG>' Marc/i 25, 1913

Mr. Siilzer said:

> Some Old Truths

This is a fitting time for me to reiterate some old
verities. It never hurts an old sdh^ to sing it twice.
The truth is always old and ever new, and in the end
truth must prevail. The record of what 1 have done
thiis far is straight. I shall fight on to keep tbe record
->{ my administration straight.

Addresses 1291

The Nomination
The people know that my nomination for Governor
came to me because for long years I worked for my
party, and through my own exertions, I earned the
good will of the Democrats of my State by deed's done
and works accomplished. I was the candidate of a
united party and an unstackled convention, I went to
Syracuse not as a candidate, but to fight for a prin-
ciple— the principle of an open convention, a fair field,
ajid no favor. I won that fight; and as a result the
standard was placed in my hands; and I carried it to
victory.

Campaign' Promises
■'During the campaign I sai^ over and over again
that if I, was elected Governor I ^woiild go into office
without, a proniise, except my ^promise to all the
people to. serve th^ni honestly and faithfully and to tde
be^t of my, ability; that I was free; without entangle-
ments ; and that I shpuld remain free ; that when I. took
the oath of offi^ce I should be the Governor pf all the
people, and the; Executive office would b^ in the Capitol.
No one who uncLerstaridg , tjhe, English language could
have misunderstood the purport of my words. At all
events I meant then what I said, and I reiterate it now ;
and in theifoiture I shall adhere without deviation to
every promise' I imade to the people in the campaign, .

The Inaugural Address
As an evidence of this, when I took the oath of office,
I said in my inaugural address that it was my purpose
to be the Governor of all the people, and to do every-
thing in my power for progressive reforms along con-
structive and constitutional lines; that whatever'! did
as Governor would always be dpen to all and above

1292 Public Papers op Governoe Sxtlzer

board; that I should confide in the people when in
doubt ; and I indulged the hope that when my official
term ended 1 should have accomplished somethiug to
merit their approval, and to justify the confidence they
had reposed iix the rectitude of my intentions.

, The Task of Administration '
Soon after I became Governor 1 realized the deplor-
able conditions in State affairs and promptly made up
my mind what to do. The work was mine. The task
of administrative reform was put in my hands. 'Sfhe
cause was the cause of the State, and I determined to
shirk no responsibility in my efforts to secure in the
public service greater economy and more efficiency;
to uproot official corruption; to eliminate graft; and to
raise higher the standard of civic righteousness and
official integrity. "W^hat I have done thus far speaks
for itself, and I have only begun. No man realizes
more than I do the obstacles that are put in the way.
But I see clearly the right, and have concluded to go
forAvard without liesitatipn and with the determination
to do my whole duty fearlessly, regardless of the polit-
ical future, or of personal consequences.

Not an Agent
As the Governor, I knew, from the experience of the
past, that in order to succeed 1 had to be the Governor
in fact as well as in name. I have never been an agent,
and I never will be. No man, no party and no organiza-
tion can make me a rubber stamp. I am the Governor.
Let no man doubt that. ' . i

The State Leadership
My frieiids are awaire that I thought out the situ-
ation carefully, because I believe in being patient and
making progress slowly. When the newspaper repre-

Addkessbs ' 1293

sentatives in Albany, day in and day out, reiterated
their questions as to my political status, I finally told
them, once and for all, that the people had elected me
the Governdr; that they expected me to be the Gov-
ernor; that I stood on the verdict at the polls j that .the
judgment of the electors constituted me the leader 6f
my party in the State ; that I should be the leader, come,
weal or woe, while I was the Governor, in order to make
my administration a success and meet the just hopes
of my constituents ; thalt if anyone, I cared not whom,
i challenged my right to be the Governor, as well as the
.leader, I wanted that ihah to come out into the open,
and we would submit the question to the people for
their decision. '/

The Visib'le Government
No one thus far ha,s, , challenged my title to the
Governorship, or my right by virtue thereof to the
leadership of my party in the State, and until it is
challenged openly and publicly, I rest on the judgment
of election day and A^iU say no, more about it. Hence I
shall go forward with my work on the assumption that
so long as I am the Governor the seat of political power
in the State of New York is i^ the Executive Chamber
of the Capitol. There all are welcome — high and low,
richand poor, great and small. There at the big desk,
in the big room* is the visible government of the
Empire; State.

.The Invisible Goveenment-
, Of course I have no vanity in this matter, or in any
other matter, so far as that is concerned. I assume
the leadership because I waiit to make the . Governor-
ship all that the people in trended it should be when they
adopted the State Constitution. I am assuming very

1294 Public Papers of Goveknoe Sulzer

little. I just want to do what is right; 'That is all. ' The
people understand the proposition if the politicians
do not. Bfetween what I believe to be right and what
some other man thinks is right and wants me to do, I
shall do what I believe to be right. In the last analysis
I must be the final judge between right and wrongj and
my conscience' must be the' only influence that decrees
my duty to the State. My obligations make me respon-
sible to the people. No other man can be while I hold
the oflSee. ■ Between the visible government and the
invisible government the rank and file know, and I
have no fear of the ultimate result. Best assured of
that.

President Wilson ■

We know that the people elected Woodrow Wilson
the President of the TJnited States, and every Demo-
crat, I think, in the country now acknowledges his
leadership in the national councils of the Democratic
party. At all events I do, and my administration at
Albany, in so far as I caii make it, will be in harmony
with the Federal adininistration at Washington.

: ' Certain Fundamentals
Let' me say again that 1 stand now where I always
have stood, and where I alwSEys' will staiid-^^ for cer-
tain fundamental principles; for freedom of speech;
for the right of lawful assembly; for the freedom of
the press; for liberty under law; for constitutionial
government; for civil and religious freedom; for
equality and justice to all ; for the reserved rights of
the States; for home rule and local selif -government;
for equal rights to everyone aind special privileges to
no one; and for unshackled opportunity as the beacon
light of individual hope and the best guarantee for the
perpetuity of our free institutijons.

Addbessbsi 1295:

Home Rule
No man in all this land, is a greater believer than
I am in the doctrine of home rule as a fundamental
right. Long experience has taught us that many of ^ '■
the evils the people want remedied ; that most of the
things the people iwant done can be remedied and can
be done .thrbugh local agencies, without interference
or invasion by the National or the -State Legislatures.

County Autonomy

We should stand s4uarely 'for home rule and local
self-government — home rule for 'the State, that is, for
the/reserved rights of. the State, against encroach-
ments by the central government at Washingtbii ; home
rule for the villages, and-' the' towns, and the cities of
the I State, again&t invasion and legislative - tinkering ;
andilast, but not least, for the pblitical rights of each
and every county — that is County Autonomy —.-which
means county emancipation and political independence
from domination from any outside agency or dicta-
torial invasion from any man in any other county. I
want to see each county in our State politically free
and independent of political interf ereiiee , f rom any
other county, and have the right to settle its. own
political affairs in its own political way. That is what,
I mean by County Autonomy — genuine .county home
rule.

Firm fob the Doctkine

Home rule is a part of my political religion. I shall
staiid firm for this doctrine. In the^ future, as in the
past, I shall adhere tenaciously to the principle of local-
self-government, civil and political. A denial of this
fundamental right is an indictment \6t> American
patriotism and an arr^-igninent of the intelligence of
our citizenship. i jiic.i

1296, Public Pai»ebs. of GrovEKNbE Sulzeb

No Intekfebence, Save foe the Common Weal
The people can count on me as the Governor of. the
State not to interfere with home rule in any locality
if'il can possibly I avoid it. Certainly I shall do all in
my power to prevent others from doing it. If I -do
interfere, directly or indirectly, it must be for the
good of the 'general welfare, and then only in a case
that rises far superior to local considerations and for
the good of tlie common weal.

County Autonomy Popular
So my friends, for these reasons, as the Grovernor,
I shall stand firmly and squarely for " County Au-
tonomy " in a,ll politicat matters ; and I am determined
to; recognize the political rights of the counties in
every part of the Statfe, 'through their duly constituted
county committees. As I view it the people of the
Stete irrespective of political affiliations are entitled,
by virtue of the law on the statute books, to County
Autonomy in every county, without interference di-
rectly, or indirectly" from any other county. If there
is anything in hoiiie rule, then County Autonomy is
inherently right < and must of political necessity be
popular^with the maSses,'because the voters, under the
law, elect the county committeemen; and the county
committeemen, therefore, represent the people. As a '
believer in direct primaries, this is the only way, so far
as I can see, to have home rule in the politics of a
county,! and thus keep people in one county from med-
dling with the political rights of the people in another
coimty. ii ; I

A So.tiKdE; OF Weakness. ,
No one need tell me the obstacles and, the difficulties
that confront a public, official in the distribution of the
offices. I am no novice. Politics to a very large extent

Adokbsses • 1297- '

is government, and government in the s^me ratio is,
politics, I know political patrona,ge is always a source,
of weakness. About nine-tenths of my time is take.ii,
i;ip with public duties concerning the genera,l welfare
and about one-tenth is occupied in listening to appeaU
of office seekers, and tryiiig. to distribute fairly the^
very few offices I have at my disposal for the best
interest of the general welfare. As a niatter of fact
I wish all places were in the classified Service or that
I had no positions to bestow. I would be. happier and
make fewer enemies;, and rklioW'I am making enemies,
every' day —^bitter ^hemifes — because I cannot see my
way clear in the performance of my duty tO. give men
who seek office the places they desire. •

The Test fok Office
Of course in making a,ppointments I will listen to the
s.uggestions of all good citizens, and carefully oonsj.d,er
the recommendations of the county committees, but in
the end I must insist that' I shall be the judge of. the
qualifications of the applicant; that the applicant must
be honest; that he must be capable; that he must be
efficient; and finally that he must be faithful tp the best
interest of the people of the State. Public office must
be a public trust. That is the test. In the perform-
aricfe of liiy. duty I have' no friends to reward; no
enemies to punish ;. no atttbition to gratify ; no machine
to strengthen; no organization to build up. That is
all there is to it — an,d it is all so simple — if you want
to do right.

"' ' My Democb.acy > ' ' ■ i " ■ ^ .

.To me Democracy is a part of my, existenc^e. .1 use
th^ term in its, best and its broadest sense. I believe
that he who serves the people .best serves his party
best. I am a Democrat through and, through, ,g, pro-

1298 Public Papers of Govebnoe Sulzeb

gressive Democrat, and a Democrat unafraid. I know
thati through the agency of genuine Democracy the
greatest good for the greatest number can best be ac-
complished. In union there is strength, and, I want to
rely on the disinterested aid and tjhe patriotic counsel
of all good citizens and a united party to accomplish
the reforms now demanded by the people.

WmL Stick tp,Pbinciplbs
i In conclusion, I cannot refrain from saying that no
Governor,, in his efforts for civic righteousness, for
purer politics, for, progressive legislation and ,for ad-
ministrative reforms, ever neieded the help of the press
and the moral support of the people more, than I do.
They can count on me to do my duty day in and day
out as I see the right — and God gives me the light.
When I began my political career — long years ago —
I made a vow to the people that in the perf ormaaice of
my duty no influence would control me but the dictates
of ray conscience and my deterpaination to do my duty
to all the people. That is my platform. Ilave no fear.
I have the courage of my convictions and shall stick
to my principles.

To Delegation Protesting Against Licensing of Saloons
Within 200 Feet of a Ctiurch and the Opening of
Saloons on Sunday

.. Albany, N. Y., March 25, 1913

Governor Sulzer's remarks ^t^o a large delegation of
men and women who called at the Executive (Chamber
to protest against certain bills for the licensing of
saloons within 200 feet of a school ; for opening saloons
throughout the State oji Sunday between the hours of
1 and il p. M. and other bills.

AiODRBSSES 1299

Labies AND Gentlemen. — ^It is always a pleasure for
me to greet in the Executive Chamber the sterling men
and the good women of our State of New York.

I have listened with interest to all you have said
about legislation. Of course, you know, I have a rule
which I seldom break; and that is not to commit myself
to pending legislation before it comes to me for ap-
proval or disapproval.

If I should say that I favored this bill and opposed
that bill I would get in so much trouble every day, not
only with the members of the Legislature, but with the
people generally, that I wouldn't be able to accom{)lish
much work for the people as the Governor. So I try
to keep my own counsel on bills pending in the Legis-
lature. It is a good rule.

I am very glad to hear what you have to say, and no
man in the State takes a greater interest in the welfare
of humanity than I do. I am in favor of everything
that in my opinion is for the general welfare, and 1 1
am against everything that in my judgment is against
the best interest of humanity. That is about all there
is to say.

I am much obliged to each of you for your call.
Good day, ladies and gentlmen.

Remarks of Governor Sulzer to a Large Delegation of
Citizens from New York City, Headed by Fire Cohi-
missioner Johnson of tlie City of New York, Ap-
pearing Before the Legislature in the interest 6f
Fire Insurance Bills -^ the So=Called Anti-Arson
Legislation.

A^pnl 2, 1913

COMMISSIONEB JOHNSON, AND GENTLEMEN.— It is a

great pleasure for me to \yelpome you to-day in the

1300 Public Papers of Goveenoe Sulzek

Executive Chamber of the Capitol of our State. Of
course, I kiiow, in a Waj', your mission here, and In that
mission I wisii you Godspeed arid all success.

There is no one in the State more anxious to prevent
arson thaii I am, and anything that will bring that
about will meet with my approval. You can rely on
me in this matter. Doubtless you. know J have a rule
which I very seldom break, and that is not to commit
myself for or against legislation Before it conies to me
for approval or disapproval. If I did, I would be in
trouble all the time;

As a matter of fact, some of the railroad officials
now think I did commit myself to the full crew legis-
lation awhile ago, but they are mistaken about it.
There is no truth in these railroad statements regard-
ing the full crew bill, so far as I am concerned. The
railway people know it. But I want you citizens, and
all citizens of the State, to remember that I am in
favor of the general welfare, and that the general wel-
fare rises, in my judgment, at all times superior to the
private welfare of individuals or of corporations.

I take a broad view of every proposition and in
my own way decide it along equitable lines for the
greatest good to the greatest number. That is my
rule. I shall adhere to it in the interests of all.

Let me now say that I cominend the good work Fire
Commissioner Johnson has done and is doing to pro-
tect life ai^dj property :^rqm fire, ^e deserves much
credit, arid I congratulate you citizen^ for the support
that you are giving the fire commissioner of New York
city. It is a great work you are doing, in the interest
of all the people, and I sincerely hope you will meet
with th^ success that you should meet with in the legis-
lative branch of this government. I d,o not think you
jieed,' worry abput the success you will meet with in
the Executive office. This office is with the people.

AbOBESSES 1301

At the banquet of the Albany Society of New York

Albany, April 5, 1913

GrOVEBNOR SuLZER's AdDRBSP

It is a,' great pleasure for me to be here to-night and
to participate in your festivity. I am especially
pleased to see so many ladies present. If I were a
member of your society I would move an amendment
to your constitution which would provide for the ad-
mission of the ladies to membership, so that on occa-
sions of this kind you could have your wives and
mothers, your sisters and your sweethearts sitting be-
side you and not relegated to the gallery.

Albany is one of the oldest and most historic cities
in this country. I am no stranger in your midst, and
I see many o^d friends here. No one appreciates the
worth of friendship more than I do. If I were a native
of this city I would do something to preserve the his-
torical monuments of the place. It would be my ambi-
tion to preserve the monuments the fathers of Albany
left. I took a walk alqhg the Hudson the other day
anjd I camq upon a hoi^s^ which is the oldest house
extant in the TJnited States. It was in this .house,
wh,ich lies within tbe shadow of the Capitol, that an
English officer wrote a parody upon Yankee Doodle.

■ '■' A Patriotic Suggestion
You should preserve this old house and turn it into
a museum. Ybli should m^ke it one of the great his-
torical, features of the capital .cit;y. I have been grati-
fied with the spngs anfl good fellowship here to-night.
Occasions of this kind ialwiajra bring- up memories of
the pket. This is a hqnie coming and I am surprised
to know that so many great men were born in Albany.

1302 Public Papebs of G6veenob Sitlzeb

You have Ohio beat to a frazzle. The luckiest thing
that can ever happen to a man is that he Ibe Isorn in
Albanyj and no people are more welcome at the house
where I reside than the members of the Albany Society
of New York. ' ' ' '^ '

The. conclusion ofi Governor Sulzer's ispeech was
greeted with a rising ovation which lasted for several
minutes. !

Speech, in Part, of Qovernor Sulzer at the Banquet
Given by The National Democratic Club, at the Wal-
dorf-Astoria Hotel, New York City, Saturday Night,
April 12, 1913, to Celebrate the Birthday of Thomas
Jefferson

It is a pleasure for me to be one of the guests io-
night of The, National Democratic Club. I congratu-
late its members on keeping alive the memory of the
author of the Declaration of Independence and! the
fouiic^er of true democracy.

Jefferson 's Birthday
It is proper and patriotic that thp birthday of Jeffer-
son should be celeibrated in all lands and iii all climes
by jthe.loyer^Oyf liberty ^nd,the .friends of freedom.
The principles of Jefferson have been on trial for a
century and are more secure and more popular to-day
in thp hearts qf hunaanity than ever belf opq., r

Jefferson a Man of Alt. Time

Jefferson was not of an age, but a man of all time.

I know. of few men of whom this; can be more triftth-

fully said than of the third Presijlent of the Union —

a man of such marv^lpus^ intellept^^al, power an(^ ere-

Addresses - 1303

ative force that he will be a leader of generations yet
unborn. ^ . ; ,

He lived at a time when agitation and conflict teMpd
to develop the highest powers of mankind, but^ the
work that he did for the people in 'those days of storm
and stress, redounds to our advantage to-day and ex-
emplifies the eternal truths which lie at the very foun-
dation of popular government and tend to promote
and preserve human liberty.

Ahead of His Time

The man who wrote the Statutes ill Virginia for'
religious freedom and w'ho penned the verities in the
Declaration of Independence, -w^as a' century ahead of
his time. He waS one of the greatest apostles of hu-
man liberty in all the ah'nals of history. We aire just
catching up with his love of freedom, with hik pro-
gressive principles and with the spirit and the wisdom
of his political philosophy.

His Peinciples Eternal i > . ■ li

Thomas Jefferson, lives. His example endures. His
principle^ are eternal. As t^ie years come jand- go tjie
hprpic form of the Sage, p;!^ Monticello looms larger aiid
larger i on the Jbiorizoji of man. For centuries yet to
come, this simply man of the, people. will wield a mighty ,
infiupjice on, the destinies of the human race.

The. Empire State

It is gratifying, io a per,sonal way, that I, am, asked
to respond to the, toast, of The Empire St^te,— eon^
ceded to be the: first., and the , grea;test State in the
Union. It has a larger populat;ioji now than the entire
country had during, the ;ftdministra|;iQn of Jefferson,

1304 Public Papeks of Gov^nob Sulzer

and its, diversified interests are a thousand; times, more
extended and complicated than the interests ot the
Republic a oentiiry ago. r ;; [■

At THE Head, OF THE Cpi/UMN ; ',

New York State moves on at the head^ of the column
and keeps pace with the march of the IJnio]^ To-day
it possesses more than a twelfth part of all, the wealth
of the United States and contains more,tHaii a tenth of
the population of the entire country. Our citizens have
every reason to be proud of our commonwealth, and
I know .frpm long experience that they .take, a deep
and an abiding interest inthe a,dvanc^ment of her roia-
terial welfare,; and in the,„prpBi.otipn. of her agricul-
tural and commercial suprepiacy. Our motto is Excel-
sior, and to accentuate that motto and maintain our
prestige in the Union of our sisterhood of States, there
must be constant progress and no step backward.
Every citizen of New York must, do, his duty, and must
do his best, to keep our State in the vanguard of
advancing civilization. ; ; 1,1

' " '■ ■ New York the ExemplaK
New York should always stand as ah exemplar of
law and order, and of econoihical, and efficient, and
progressive administration. I am prOud to' be its
Governor, and I have promised the people that in, so
far as I can it will be my constant endeavdr to inaltxtain
law and order; to protect life and property, and to
give the State an honest, an efficient, an economical
and a business-like administration of public affairs. ' I
am friendly to every legitimate industry. I have no,
prejudice against business, big o.r little, so long as it
is honest; and the business men in every, part of oiir.
State can rely on m,e at all tim,es to do toy utmost to

Addbesses . 1305

promote its commercial interests. I realize how im-
portant they are and shall always be careful to make
no move that will jeopardize the financial and the busi-
ness suprdma'cy of the first and the greatest State in
the Republic.' To this end I have been workin^ever
since the first day of January for quicker and better
transportation agencies, and for improved and larger
terminal' facilities in order that New York shall con-
tinue to receive her just share of the trade and the
commerce of the country.

A Word oi? Caution to Labor
They say I am a friend of the poor and the toiler.
If that be true it is also true that I am a greater friend
of law and order and of life and property. A word
of caution On this occasion may be timely. I have no
sympathy with lawlessness. Noman in all our history
was a firmer believer in law aiid order than Thomas
Jefferson. ■

,,! ; ,; I, The Rights of Labor and Capital

The right of a man to labor is inalienable and the

right of a man to quit work is just as undeniable.

Neither capitjal nor labor has the. right to take the

,law in itg own hands. If capital does wrong that is

no. reason why labor should ,do wrong, or vice versa.

Two wrongs never, did and never will make a right.

;Iji,a government such as ours,_the reign of law inust

not give way to the reign of force. The law must be

obeyed by all.

' Good Advice

The best ddvice that aiiy friend can give labor,
ojg^nized or otherwise, in its struggle for its just
rights, for better conditions, for greater progress ^nd
for more equitable distribution of its fruits, is obey

1306 Public Papers of Gtoveknoe StriiZBE

the law. Labor's only hope is here. No man is greater
than the law in this country.

A Believer, IN Law an^ Order
No individual in all our State is a greater believer
than I am in the supremacy of the law. uLetiUO one
misunderstand me when I.say that the, present Gov-
ernor of the .State' of New York, stands for the con-
seryation pfilaw. and order, and the protection of life
and property. During my term of office, every power
at my command will be invoked, and every agency of
government will be utilized, at all times, to the accom-
plishment of this end. No matij rjqhpr poor, high or
low, great or, small, is above tl^e.law. , No rnan, no
matter what he believes is his grievautce, or what he
thinks are his rights, must take the law into his own
hands. Contempt for the law destroys the State., The
law is supreme, and every man must bow to its
observance. There must be no lawlessness in the State
of New York. This is a land of liberty, but it is now,
always has been, and always will be, liberty under law.

Remarks Of Governor Sulzer to a Large Delegation of
Labor People Who Appeared Before the Legislature
in Behalf of the Murtaugh^Jackson Bill for Work>
men's Compensation, and Who Came to the Execu=
tive Chamber to Pay Their Respects to the Governor

Albany, ^^jnZ 22, 1913

Mr. Chairman and My FRi;ENfls. — It is a great pleas-
ure to me to meet you ^nid to greet you to-day in the
Executive Charqil?6r, , ^^

You are welcqm^h^re. Many of you 1 know person-
ally, and hfive known for, years., .J,;^™^ sorry you did
not get a hearing to-day in the Legislature.

Addresses 1307 '•

My judgment is that every man should have this
hearing, and I make it a rule to hear courteously all
people who come ito be heard. My experience is that'
if men have their day in court, whether they win ■ or
lose, they are generally satisfied. Certainly in a gov-
ernment such as ours everybody is entitled to his day
in court, and to be heard. • '.n. ()ii;

' You know doubtless I have a rule, which I very sel-
dom breakj and that is not to get committed to legisla-
tion until it comes to me, as the Governor for approval
or disapproval. I* lov - " , -/'•

You can readily comprehend the difficulties. I would
be in with the' legislative branch of the government if
I said to everybody who came here, ' ' I am in favor of
this bill, or I am against that bill." If I did that I
would never be able to get along with the Legislature.
As it is, diplomatic as I try to be, I am having some
difficulties. (Laughter.) '"" ' '•

The object of your visit has been Avell expressed by^
your able chairman. My sympathy is with you in
your efforts to write upon the statute books a good
workmen's compensation bill. I urged that in my
message to the Legislature, and I have never missed
an- opportunity since ' the first day of January, when
members of the' Legislature came to see me about this
or that ot the other thing, to urge the passage of such
a measure. I am very much in favor of it. I have
beeh in favor of it, as Mr. McDonough here will tell
youj for many years. An honest workmen's compen-
sation law is legislation along the right lines, and I
sincerely hope before the > Legislature adjoiurns it will i
pass the bill you want. (Applause.) ■va;->' ' ' '"

That is all I care to say now. , But those who are
near to you,i and who represent you, can tell you of the

] 308 Public Papers of Goveknor Sulzer

work I am doing for the cause, and the success we are
meeting with, and the obstacles whichi arei put in our
way. I understand the situation and 1 want to be ,
frank with you, but I have to be, as you know, cautious
and weigh carefully every word I say. As a matter
of fact, a great deal that I do not say is said for me by
others — and often to my disadvantage. 1 haven't the
time to contradict the rumors. I make it a rule
never to affirm or deny a rumor. Life is- too short.
(Laughter.),; ,,

The way for you to win your battle is to keep at it.
Fight on. , If i you don 't get your hearing to-day, have
as many of yoiir, people as possible here the next day,
and just keep fighting on — fighting for what you know
is right, is true; fighting', for \v:hat you know is just.
And just as sure as the day follows the .night, in the,
end you will win. That is the only way great reforms
are accomplished. That is the only way great con-
structive legislation is written upon the statute; books
of a free people. (Applause.) , , i,

Speech at Dinner Qiven by Letter Carriers of Albany,
Troy, Schenectady,. >yatervliet ,^nd. Cohoes,' at
Ke^eler's Hotel, Albany, at Which Qpvernor Sulzer
Was a Guest

April 26, 19i3

After being introduced by the toastmaster, Joseph
A. Lawson, Governor Sulzer addressed the letter car-
riers somewhat in this manner :

' ' My Friends.— I say ' m.y friends ' advisedly, b.e-
oause I know I have no better friends in all tiiis land
than the letter carriers. They posses^, a trait which

AddbIesses 1309

is the greatest virtue that a man can have' — the virtue
of gra.titude. They are grateful, and gratitude is the
fairest flower that ever perfumed the human Heart.-
No politician ever did anything for the letter carriers
tha;t he did not get back 100 per cent. It is a great
pleasure for me to be here to-night, because I know
you and believe in you. Just eighteen years ago,
about this time of the year, I went to Congress. My
district was once represented in Congress by '. Sunset '
Cox, the best friend the letter ca,rriers ever had in this
country. In old New York, in the old square in Eighth
street, is a monument erected to Samuel Sullivan Cox
by 'the contributions of the letter carriers in New York
city. I never pass that monument ^— I live only three
blocks away from it -^ but I think of , the appreciation
and the gratitude of the letter carriers. And that
monument, meaning what it does, had much to do with
influencing me while in Congress to work and to vote
and to talk for the welfare of the letter carriers.;

" I fought for your rights just as I should ha.ve done,
froin that day until Reilly came. '' Then he took up
your cause and. fought successfully until he, put upon
the statute books the eight out of ten hour law in your
behalf. If he succeeds in getting for the letter car-
riers in the future as much as he has got for them in
the past, there won't be anything you want but what
you will have. " (Prolonged applause.) "As the Gov-
ernor of the Empire State, it is a pleasure to welcpme
a distinguished son from our sister State, Connecticut.

" There's another whom I am very igratifled to see
here to-night, and that is Brother Kelly. He deserves
the appreciation and the gratitude of every letter car-
rier in Greater New York and in greater America. I
am glad to see Brother Ten Eyck here. Who is winning
favor in the House. "\

1310 Public Papers of Oov:^enoe Sulzek

'! ' Of all the employees of Uncle Sam there are none
bettier, more honorable, more industrious than the let-
ter carriers. In; sunshine and storm, in trial and
triumph, in all seasons the honest, faithful carriers are
always doing' their duty. There is no agency that
brings so much hope or joy as the man who brings the
package with the news from house to house. We can
see the mother waiting for him and we can see the
people of all the land; waiting for the man with the
letter. 'Way down deep in their hearts the people
loVe the letter carrier. They believe in himiand trust
him. -

'' I. think I made a mistake iu leaving Congress. '■ It
is the greatest forum in the world, " continued the Gov-
ernor. *' The people of this country ought tobe grate-
ful to the members of that body for they do a monu-
mental work there every day of the session. If there
is any place on earth where great men meet their level
it is in Congress. No school that was ever instituted
in the history ;of the world is as great as the Bouse of
Representatives. I'd rather be a Member of the
House than hold any other position in the land. It is
the highest elective office in the gift of the people, for
the people do not vote directly for the Senators or for
the President. The Members of Congress work harder
for their paltry salary of $7,500 a year than any of the
professional men of the country whose income is some-
times as great as $25^000-. i In the crucible of Congress
our representatives are triedj and the good and bad
are separated. I am glad to see two Members of Con-
gressi present here to-night in the persons of Peter G.
Ten Eyck and Thomas L. Eeilly, and I want them when
they meet my old pals in the House to tell them that I
sometimes think. I made a mistake when I left the
House of Representatives. "

Addresses 1311

Speech of Governor Sulzer to the Chairmen of the Demo-
cratic County Committees, Many Members of Same,
and Several Hundred Others, Assembled in the Ex-
ecutive Chamber, at Noon, to Discuss the Statb-Wide
Primary Bill, Now Before the Legislature

Albany, April 26, 1913
Let Us Keep the Faith

Governor Sulzer said:

Gentlemen, it is a great pleasure for me to greet
you, to-day^ in the Executive Chamber of the State of
New York.

It is very good and very patriotic of you to come
here — :to leave your affairs aiid your business — and
to give your time and your attention to the cause of
the people, whom you in a! very large degree so truly
represent

We are met here, to-day, to do what we can to keep
the faith, and to redeeni our pledges. We prornised
the people in the last campaign that if we were success-
fijl, we would give them — amoijg other things -;— a
State-wide direct primary law.

I ran for the GoyernorsI^ip on the platform of the
Syracuse Convention. I helped to write ij,hat platform,
and after I was nominated I stood on it throughout
the! campaign — squarely and honestly.

At the request of my party I made, a campaign
through the State. They tell me t spoke to more
people during the contest than any othey Democratic
candidate in all the history of the State. I t.6ld the
people that if I were elected I wo^ld do everything in
my power to carry out the pledges of my party as

]312 Public Papers of GrpvEENOB. Sxjlzee

enunciated in the Syracuse platform. Many doubted
the sincerity of .these campaign speeches; but there
was one man Who never doubted their sincerity, and
that is the man who; is now GroveVnor of the State.

I meant what I said then, as I meaii what I say now.
No man, no faction, no party, can make me a political
hypocrite. (Applause.) When I cannot be honest in
politics, I shall get out of politics. I believe honesty
in politics will succeed, just the sa,me as I believe
honesty in business will succeed. If anyone doubts
that, all he has to do is to think of what has been ac-
coraplished in this co\iiitry during the past , quarter
of a century by the men who have dared to be true,
and have been honest in politics. When I make a
promise to the people I keep it, or I frankly tell the
people why I cannot keep it, When my party makes
a promise, to the people, I want my party to keep the
promise, or I want the people to know the reason why.

Let us keep the faith. That is where I stand, and I
will stand there to .the end. If any Democrat is
against me in ihy determination to keep I)emoci"atic
faith, I must of necessity be against liirti.

It is, all very simple to me. If any !Dembcrat in this
State is against the Democratic State . platform that
man is no ,true Democra^ ; and as the Democratic Gov-
ernor of the State I. shall do everything in my power
to drive that recreant Democrat out of the Democratic
party.

That, is all there is to this matter. We must keep
faith with the voters. Let no man misunderstand me.
I believe in calling a, spade a spade. ' I believe in telling
the truth. I am making war on no true Democrat. I
want to treat every Democrat fair a.nd "square and just
and right. I am a DemoOrat through ahd through, but

ADbaEssiBs 1313

I do not want any so-called Democrat to make war on
me. If any Democrat in the State tries to make war
on me I shall fight him to the end — and if necessary
summon the party leaders here to decide between that
man and me to determine who is honest and who is
right. .

There are fifty-one count;^ chairmen assembled here
oiit of sixty-two all told in the State. You are the rep-
resentatives in your respective counties of the Demo-
cratic piarty. You are its bone and sinew — its life
and blood. You have been put in your positions by
the Democratic voters in your counties. You have got
to be truei to these Democratic voters or you have got
to reckon with me for your recreancy. Do nolj ,be de-
ceived. There is no, ma,n in this iS<;ate who knows
public opinion, better ^\i&^ I d.o, or who trusts it more.
Whatever I am; whatever I have been; whatever I
hope tojbe; I owe to the people.

Yes, you know; and you know that the electors of
the State of New York, regardless of party affiliations,
are;in favor of State-wide direct primaries. If that
question were submitted to the people in any Assem-
bly district of this State it would be carried over--
whelmingly for State-wide direct primaries.

There has never been a time in all the history of the
Republic when the pedple could get some of the power
the fatheirs failed to givie them in the formative days
of our country — when some thought the people in-
capable of self-government — that the people did not
seize the power and feel grateful to those who gave it
and trusted them.

is there anyone here who doubts it? Is there any
man in tlie Republic who doubts it? If so I point to
42

1314 Public Papers of Goveenor Sulzeb

the adoption of every amendment to the Federal Con-
stitution from the days of Jefferson down. That is
the evidence. That is the proof . Every student of our
history knows it. So I say that if we will give the
people this power to .nominate, they will tak^iiit
gladly; they will not abuse it; but on the contrary
exercise it, rightly and properly. The only men who
fear tct.do that, are the men who , do, not trust the
people. . . ,,,.,.:,.,,,

The Democratic party now has a great opportunity.
I want it to make good and keep faith with the yqters.
Is that tpo much for the Deinocratie Governor to ask
of the Democratic party? All rwaht is to tave tte
party in which I was born, and in which I am going to
die — the party of my father, and the party of my
hopes,' and my ambitions, and my aspirations — to be
true to itself; true to its promises; and true to its
principles.

What Democrat would have me be false? If there
be such, let him come forward now, or forever hold
his peace. The Governor here at this desk is the
visible ' government. His administration is open : and
above board. Against great difficulties and many ob-
stacles this Governor is trying to do his duty to all as
God gives him the light to see the right. What Demo-
crat wants him to fail? In his struggle for the right,
for honesty,, fqr civic righteousness, and for better
things he appeals to the electpi^ate of the State of New
York to come forward now and help restore the gov-
ernment to the people. In this battle for the right; in
this fight for the people ; in this struggle to have the
Democratic party teep its pledges the, Governor
summons the Democrats of the State to come to the
support of the man they electeid. Governor. So

Adkbesses , 1315

far as he is, concerned there will he no step backward.
There shall be no compromise, There is no middle
;ground. ot ■ .j^y i..>,! ,:

Can I say morel Can any human being whose heart
is true and whose head is steady do more than I am
doing? Does any man who ever occupied this office
deserve help more than I do? i)./!-, 4^ *ifp

Rest assured that in this struggle those who help me
will- win my gratitude; that those who oppose me^will
merit condemnation. Every Democratic chairman, of
every Democratic committee, in every county of the
State, must now decide whether or not he is going to
be with me or going to be against me in trying to
carry out our platform pledges and to make good our
.political promises. If he is with me I will be (-with
him. If he is against me, mark well what I say, I shall
be against him. He must either be a party, to driving
me out of public life, or I must be a party to driving
him out of the Democratic party. .ibki 0/

Let me tell you something. I have been an advocate
of State-wide direct primaries ever since the movement
began. As a member of Congress, for many years, I
know exactly how this reform began to restore tjie
government to the people. For a long time we Demo-
crats were in a hopeless minority in the Congress of
the United States, and every time we would get beaten
by the majority, we would retire to the cloak room to
nurse our defeats, and to take counsel as to what we
could do to prevent similar disasters.- We finally de-
termined that 'the only way we could ever get control
of the Congress .was through the agency of direct
primaries. In every southern State since the recon-
struction days they have had State-wide direct pri-
maries; and every southern State has continued to be

1316 PuBLjc Papers of Ctovebnok Sulzbe

Democratic. So we thougM it would be a good thing
to extend this system of letting the people nominate
as well as elect. Finally we extended it to some of
the inter-mouiitain States; and then to some of the
Pacific Coast States ; and then to the Middle-West and
the East; so that to^ay in these United States, thirty-
nine out of the forty-eight States have State-wide pri-
mary laws — many of them much more radical than
this bill of ours ; many of them far more progressive ;
many of them much more in advance. In nearly every
one of these States the Democratic party seldom won
an election until direct primary laws were written
upon the statute books.

So if any one tells yoii that State-wide direct pri-
maries is not a good thing for the Democratic party,
ydu deny it, and point to what the Democrats in sister
States have done through the agency of this beneficent
law.

No man fears direct primaries, except a man
whose character, and whose ability, and whose men-
tality, and whose democracy canriot bear the search-
light of publicity. No man fears direct primaries,
unless he wants to ibe the creature of the invis-
ible government rather than be the servant of the
people.

Our State-wide direct primary bill is a good meas-
ure. I am for it. My friends are for it The Demo-
cratic party is for it. On this issue there is no middle
ground. The Democrats of the State must be with
their Democratic Governor, or they have got to be
against the Democratic party. Let every Democrat
decide. All my life I have fought for the right; for
the truth ; for justice and progress and humanity. I
shall not change now.

Addresses 1317

Wiiat Democrat in our State is going to be false to
the platform, to be a traitor to the party, and to de-
sert me in the performance of my duty? In this cause
for direct primaries I have no fear of the ultimate
result. The people will win. I say deliberately to you
Democrats that you have got to line up your repre-
senta,tives in the Legislature to pass this honest, this
just, this fair, this noi?.partisan State-wide direct pri-
mary bill, to keep our pledges, or I will line lup the
people against you, and your representatives, for your
failure to be true to our platform. ,.

Let, , no one be in doubt.. If you think I will not
fight, you have another think coming. If you im-
agine that I do n,ot know the rules of the game,
remember, I have been in the game practically
all my life. They beat Governor Hughes, but
I am determined they shall not bpat Governor
Sulzer.

hei me tell you, that if the ,f fiends of this reform
cannot write; this State-wide direct primary law upon
the statute books of pur State before the 31st day of
next Deqember we do not know the power behind
this desk. I -If: we fail in this fight, it will .be, due
to the fact that we do not realize the powers and
the agencies of the Executive. All of that power, all
that is ! honest, and all of those agencies, will be used
from now; henceforward tp defeat and to crush th«
Democrats who would inake the Democratic party pf
the State of New York the laughing stock of the
people ; who would make the Democratic party of the
State of New York dishonor its name and become a
political hypocrite.

This aft&rnoon at two o'clock the joint committees
of the Legislature will give a hearing on our State-

1318 Public Papers of GrpvEKNOR Sxtlzek

wide direct primary bilL This measure hag been very
carefully prepared by some of fine ablest minds in our
State, and some of the foremost leaders of all political
parties in our commonwealth. It meets with the ap-
proval of the people, arid substantially carries out the
promises of the platforms adopted by all parties in
the last campaign. Every Progressive, every Repub-
lican, and every Democrat in the Legislature is bound
in honor to vote for this measure.

I ask you in the name of our party, in the name of
hoiiesty, in the name of truth, in the name of progress,
to attend this meeting, and by your voice and your
presence, by every effort known to the cause bf good
government, to do all in your power to get this State-
wide direct primary bill written upon the statute
books before this Legislature adjourns.

Let us do all in our power to make the representa-
tives elected by the people keep the faith; keep their
pledges; and do what the people want. Let us do all
in our power to compel the men who were elected upon
these platform promises, who pledged their words to
the people — when they asked for their suffrages — to
carry them out — who got into oflSce on these plat-
forms and by these pledges, to make them good now,
or never go back home to tell the reason why they
failed.

That is about all I think I ought to say, and perhaps
I have said too much. But never mind — whatever I
have said, I hope will b6 pondered over by the men
who are anxious to defeat the will of the people, who
are trying to violate the faith of the party; and who
seem determined to break the pledges of democracy.

Let us be true to ourselves. Let us be honest. Let
us keep the faith. And just so sure "as the morning

Addresses 1319

follows the night, just so sure will the people of the
State, bless every man who has, done his duty in this
gi?eat cause; , (Applause.) .:> c ,-, . > :^

In conclusion I cannot refrain from saying that this
is an historic day in the annals of our State. Thi^ is
a memorable scene, seldom' if ever, witnessed in this
Executive Chamber. Some lady criticise me for doing
what I am doing. I cannot help that. Those who be-
lieve in me know I am doing my duty. I shall submit
p£),tiently to unjust criticism. But 1 know — and no
one on earth knows it better — that in the last analysis,
when the future historian comes to pen the story of
this day, he will gi?e a large page in our annals to the
brave men who are asseniibled here, with determina-
tion in their hearts, to see to it that the representatives
in the Legislature are not false to their pledges ; not
false to thleir party; and not false to the people.

Governor Sulzer's Statement Regarding Doctor Draper,
Former Commissioner of Education

Albany, May 1, 1.913,: :

I have just come from the funeral of Andrew S.
Draper. In his death the State of New YoTk loses a
useful, an invaluable, and a most patriotic citizen.
During his lifetime he did a great work for the State,
and that Work as the years come and go will be more
and more appreciated by those who have been benefited
and will be benefited. A really great man has passed
over the Divide.

1320 Public Papers of Gtoveenoe Sulzek

Address at the Luncheon in Honor of the Governor, by
the Business Men of Buffalo, Ellicott Club, Monday,
May 19, 1913.

A POLITICAL PROMISE SHOULD BE AS SACRED AS A BUSINESS

PLEDGE.

Mr. Sulzer said in part :

" It is a great pleasure for me to be the gtifest of
Buffalo — the City Beautiful — and I appreciate the
courtesy of your city, and the hospitality of this well-
known Club — one of its greatest agencies for the pro-
motion of its general welfare.

" Buffalo is the second city in our State, and one of
the greatest cities in our country. I have many friends
here, and I am very grateful to them for all they have
done for me in the past. That friendship is enduring,
has been tested in sunshine and in storm, and compels
me to say that I have a large and a grateful place in
my heart for the good and the patriotic citizens of the
Queen City of the Lakes.

" New York is the greatest State in the Union.
Every citizen is proud of its supremacy. It should
always stand as an exemplar of economical, a,nd effi-
cient, and progressive administratiiOn. As its Gov-
ernor I have been trying, tp the best of my ability, to
give the people of the State an honest, and an efficient,
and an economical, and a business-like administration
of public affairs. I say business-like advisedly, be-
cause I assure the business men, here assembled, that
they can rely on me at all times to do my utmost to
promote the business interests of our commonwealth.
I realize how important they are, and shall always be
exceedingly careful to take no step that will jeopardize

Addresses - 1321

the commercial supremacy of the first State in the Ee-
public.

"New York State stands for law and order. No
man in all this land is a greater believer than I am in
the supremacy of the law. Let no one misunderstand
me when I say that the present Governor of the State
of' New York stands for the conservation of law and
order, arid tile protection of life and property. During
my term: of office every power at my command will
be invoked, and every agency of government will be
utilized, at all times, to the accomplishment of this end.
" No man, rich or poor, high or low, great or small,
is above the law. No man, no matter what he believes
is his grievance, Of what he thinks are his rights, must
take the' law into, his own hands. Contempt for the
law destroys the State. The law is supreme, and every
man mu&t bow to its ' observance. There must be no
lawlessness in the State of New York. This is a land
of liberty, but it is now, always has been, and always
will be, liberty under law. ,

" When I became Governor I put aside, to a very
large extent, all partisan considerations, and deter-
mined to be the Governor of all the people, and to give
them, in so far as I could, good government. There is
no partisanship in good government; The people ex-
piect good government, and certainly they are entitled
to it. That is the least they should have from the men
they put in office.

" I make it a rule to promise little, but to work
unceasingly to secure results. The people know that
an dunce of performance is worth a ton of promise.
So I am conscious that my administration in the last
analysis will be judged not by what I say, but by what
I do, and by what is accomplished. I shall continue

1322 Public Papebs of Govebnoe Sulzbr

W work for the things the people want, and to do the
things the people want done, regardless of the obstacles
in the waj^, or the personal or ,the: political conse-
quences. : .

''When I became Governor I determined to shirk
no responsibility. I took- up the burdensome task of
administrative reforms. That was the cause of the
State, and it is worthy of the zealous efforts of any
man. I have been working assiduously to institute
reforms' along administration lines, and have accom-
plished much in this connection during the few months
I have been in office. Many of you are aware of what
has been done, and how it has been done, and the diffi-
culties ithat had to be overcome in order to succeed.

" The general welfare is the supreme duty of,, the
State, and those who administer the business of the
State should exercise every agency of the ; State for
good government; every power; of the commonwealth
to correct existing abuses ; to secure greater economies ;
to institute more efficiency; to uproot official corrup-
tion; and to raise highei? the standard of official integ-
rity. :■ ' •■■

"It is incumbent on the business men of tlie
State to take an interest in State affairs. Thfey
owe a duty to the State. We cannot con-
duct State matters along business lines if the
business people; of the State fail to do their duty
to the commonwealth. No matter how engrossed a
man may be in his own business affairs, he should at
least be patriotic enough to give some time to matters
of public moment; study the questions of the daj"" along
broad lines; and do everything in his power to promote
the general welfare and good government by electing
honest and intelligent men to office — men who are true

Addresses 1323

and sincere — men Who will faithfully live up to their
public obligations and carry out, in letter and in spirit,
their pledges to the people.

"A political promise should be as sacred as a busi-
ness pledge. Whenever a representative, or a party,
makes a solemn promise to the people, it should be
lived up to religiously and carried out in absolute good
faith. The voters should see to it that this is done,
and if they fail to do their duty in the premises they
caiinot expect to have good government.

''A long experience has taught me that the people
get about the kind of government they seem to want.
If it is good, or bad, or indifferent, the responsibility,
to a very large extent, rests with the citizens and not
altogether with the officials. If the voters will do their
duty the servants of the people will do their duty. The
citizen, however, must ever be vigilant.

" I am in a struggle now to have my party, and my
party's representatives in the Legislature, live up to
the pledges they made in the last campai^, Iwant
my party to make good, to keep the faith, to demon-
strate its ability for sound administration; for honest
performance; and to give the people all . that was
promised when we asked for their suffrages. That is
all I am trying to do; and it is, of course, dishearten-
ing and discouraging when men in my own party do
everything they can to thwart my eifforts by putting in
my way every obstacle in their power.

" Have no fear. I shall do my part to keep the faith
and to redeem every promise.

" I want New York to move on at the head of the
column, and keep pace with the march of progress.
To-day it. possesses more than a twelfth part of all the
wealth of the United States, and contains more than a

1324 PuBDic Papebs of G-oyebnob Sulzee

tenth of the population of the entire country. Our
citizens have every reason to be proud of our com-
monwealth, and I know from long experience that they
take a deep and an abiding interest in the advance-
ment of her material welfare, and in the promotion of
her agricultural and commercial supremacy. ' Our
motto is Excelsior, and to accentuate that motto, and
maintain our prestige, in the Union of our sisterhood
of States, there must be constant progress and ho step
backward. Every citizen of New York must do his
duty, and must do his best, to keep our State in the
vanguard of advancing civilization."

Speech at the Auditorium in Buffalo, N. Y.,' Monday, May

19, 1913.

WHY I AM FOR DIRECT PRIMARIES.

Mr. Sulzer said :

"It is self-evident to me that if the people \ are
competent to directly elect their public officials they
are also competent to directly nominate these officials.

"If it is important for minor officers to be nomi-
nated by the people, it is still more important that the
people be given the power to nominate candidates' for
United States Senator and for aovernor. That if pub-
lic service corporations and special interests seek to
control public affairs for the promotion of their selfish
ends, through the manipulation of party conventions,
the plain people should seek to do the same thing by
taking in their own hands the right to nominate di-
rectly these important officials. ,.

"The truth is that the delegate system. of nond-
nating officers has completely broken down and proven

Add^e^ses I 1^25

itself not only inadequate to carry oiat the wighe^ of the
people, but it has be^onij^ an instrumentality through
which the powers of government are prostituted and
brought under the dominion of unscrupulous men seeji-
ing special privileges. , < *

"In this > campaign for direct primaries, I am ap-
pealing now directly to the people, and they are re-
sponding as they always will respond when their rights
are jeopardized and their liberties are subverted, and
they hear . the call of duty and see the opportunity to
assert effectually their inherent power and inalienable
rights.

" From every farm, and hamlet, and town, and
city come voices declaring that the time has arrived
to, dissolve the political bonds by, which the few have
enthralled the many by skillful, secret and, disgraceful
manipulations of; party conventions, and to establish
State-wid^ direct primaries, abolishin,g State conven^
tions, as they have already been abolished in two-
thirds of the States which form this Union,

" Every day I see accumulating evidence of the
truth, which I stated innjy recent Direct-Primary mes-
sage to the Legislature, that those who would subvert
the powers of government to personal advantage and
tp special privilege find their greatest opportunities to
carry on this nefarious work through the skillful ma-
nipulations of political conventions.

" Political cpnventi.ons must go. Disgraceful secret
alliances between special privilege and crooked politics
must cease. That is all there is to it.

" The power of special privilege is greater in New
York than in any other State, because in New York is
centei^ed the great financial interests of the Nation.
Most 0^ these interests are sound, legitimate and
honest, but some of these interests are illegitimate, and

1326 Public PapekS of Govt^rnor Sulzek

it is the last mentioned kind which are fighting th^
salntai'y reforms which I ani advocating — reforms
which will faithfully carry ont the letter and spirit of
the political platforms of every party in this Statei.

" The spirit of true Democracy is summed up in the
slogan ' Let the people rule.' They cannot rule until
they obtain a successful method of nominating the
candidates of all political parties.

" N'etvr York State is one of the last States in the
Union to capitulate to this present-day demaxid foi"
popular rule in the nomination of candidates for all
public offices. It is bound to come in New York. The
fight is on, and the people are in earnest.

' ' The power of special privilegfe is making its last
stand in our State, but will be overthrown, and over-
thrown speedily, by a righteous public sentiment.

" Every day I am hearing from Senators and As-
semblymen who voted against our direct primary bill,
and who now assure me they will give it their support
at the coming spedal session of the Legislature, be-
cause they have learned since they returned home that
by voting against the diredt primaries, they misrepre-
sented the sentiment of their constituents.

" From others I hear that they \(/^ill support the bill
if it be amended so that State conventions may be con-
tinued. The play of ' Hamlet ' with Hamlet left out
would not be more of an abortion than a direct pri-
maries law with the State convention retained.

" To have direct primaries and to have State con-
ventions is impossible. Ditect primaries have been
devised to permit the people to nominate their officers
directly without tlie intermediary of delegates, and as,
of course, ybu Cannot have State conventions without
delegates, it follows that State conventions must go
and honest direct primaries must come. There is no

Adbkesses 1327

middle ground. There can be no compromise. iTliose
who want to straddle are against us. You cannot
straddle a principle. ; ,

, " The widespread demand for direct primarie|' orig-
inated mainly from the scandatlous failure of State con-
vjentions to faithfully .reflept the sentiment of the
voters., Again and again candidates having strong
support in ^tatp conventions have been set aside and
the bosses have brought forward at the last moment
a dark-horse candidate and secured his nomination
through, skillful political manipulations.

' ' There are only two kinds of primaries — direct
and indirect. The latter constitutes the reactionary
delegate system;, the, former constitutes the present
progressive system. There are no two ways about it.
The principle adniits of no compromise. I am for
the direqt system. I want the people to. nominate be-
cause I want the people, to rule.

" The Democratic party, in the State of New York,
in its last State convention, declared in emphatic terms
for direct, primaries ; and , ^tate-wide .at that. ;

' ' I believe it is my duty, as the Governor, elected on
that platform, to.dq everything in my power to carry
ojit this solemn pledgp. , Every Democi:at in the State
ejepted on that platform should uphold my efforts to
redeem the pledge and keep faith with the voters.

" So far as I aui concerned there wilj be no step
l^ackward. I am in the fight to stay and to the end.
Hence I urge every honest Democrat in the State yylag
believes in fair play, who wants to keep gpod faith, and
whp favors redeeming solemn party promises tp- aid
me in the struggle. ,, '

'■ WeVUl win. inthei end. The leading newspapers
of the State : seven-tenths of the voters of the State,
regardless of party affiliations ; and the overwhelming

1328 Public Papebs or Govebnob Sulze^i

popular sentiment of the people, are behind the' cause
for direct primaries, and are with me in the fight' for
the legislation. * ; .

"Let me tell you briefly just what our direct pri-
mary bill accomplishes:

" 1. All party candidates for public offices, except
town, village and school district offices, are to be nomi-
na,ted directly by the enrolled piarty' voters at an
official primary.

" 2. A State committee of 150 members, bne from
each Assembly district, and a county committee for
each county; to be elected directly by the enrolled
party voters at the official primary. All other com-
mittees to consist of the members of the State com-
mittee and the members of the county committee or
committees residing in the political subdivision.

"3. All party Candidates for public office to be
voted for in the official primary to be by petition only,
the same as independent candidates.

"4. Eyefy designating petition to contain the ap-
pointment of a committee for filling vacancies on the
primary ballot.

' ' 5. Candidates to be arranged dn the ballot under
the title of the office. Order of arrangement to be
determined in eacb group by lot by the conunissioners
of election in the presence of tbe candidates or their
representatives. All emblems on the primary ballot
abolished. Names of candidates to be numbered from
one upward. Voter to indicate his choice 1oj making
a separate mark before the name of each candidate.

" 6. The number 6f enrolled party voters required
to sign a designating petition is fixed at one per cent,
of the party vote for Governor at the last preceding
election, except that for State-wide offices the number

Addresses 1329

need not exceed 3,000 enrolled voters of which fifty
shall be from each of twenty counties. The number
in the city of New York need not exceed 1,000 enrolled
party voters, with other maximum limits for smaller
subdivisions.

' ' 7. The primary district is made identical with the
electioin district and primaries of all parties to be hel;l
at the same polling place, conducted by the election
officers.

" 8. The chairman of a county committee may be
elected from outside the committee membership.

"9. Each party to have a party council to frame a
platform ; such council to consist of the party candi-
dates for office to be voted for by the State at large ;
party Congressmen, and party United States Sena-
tors ; candidates for '• the Senate and Assembly and
members of the State committee.

" 10. 'A special enrollment each year in the month of
June for a new party* created by the vote at the last
preceding general election.

" 11. The time for filing independent nominations
subsequent to the filing of party nominations increased
from five days to fourteen days. The number of sign-
ers of an independent certificate of nomination reduced
to conform substantially to the number of signers of
a party designation.

' ' 12. Election of United States Senators by the peo-
ple provided for in accordance with the recent con-
stitutional amendment. Nominations to be made at
official primary in the same manner as for the office of
Governor.

"13. Registration days in the country reduced from
four to two, and registration in the country by affidavit
required where voter dOes not appear personally.

1330 Public Papers of Governor Sulzeb

"- 14. Boards of election in counties having less than
one hundred and twenty thousand inhabitants reduced
from four members to two.

" 15. The use of party funds at primary election
prohibited.

"16. The penal law to be amended limiting the
amount that may be expended by a candidate for the
purpose of seeking a nomination to public office or
election to a party position.

■ "17. Delegates and alternates from the State at
large,., and. from congressional districts, to the na-
tional convention to be chosen by the direct. vote of
enrolled party voters at the official primary.

"Any proposition less than: this begs the whole ques-
-tipn, and violates the pledged faith of the Democratic
party to every voter in the State. I am now, and al-
ways have been and always will be in favor of carry-
ing out. our platform pledges to the letter. . The best
way to strengthen a politiqal party is to keep the faith.
I want to restore to the people of the State the com-
,ple|;p, fiojijtrol of their State government ; to afford the
voters of the Sj;ate the freest expression of their choice
of candidates for public office; and I believe that our
' Sta|;,eTwidG ' direct primary bill embraces an honest,
a sincere, a comprehensive and a practical plan for
these accomplishments.

"Besides, I consider that pur 'State-wide' direct
primary b|ill is an absolutely nonpartisan measure,
which faithfully reproduces, and will substantially
parry into practice, the pledges , of , the three great
political parties concerned in the last State election;
and that, on its merits, it will meet tke approval and
have the support and the backing of a large majority
of all the citizens of this State.

Ha\j'i<'> ((»<! Addresses 'Ia'I )ua'''' 1331

'* I am convinced that every member of the Legis-
lature is solemnly bound in honor, and by the highest
moral and political obligations, to vote for its enact-
ment ; and those who fail to do so will be forced to
yield to public opinion and be replaced by others who
will vote to give the State an efficient and just State-
wide direct primary law, that will embrace every
office, from Governor down to constable. . '/

■' Is iti necessary for me, or any other man, to say
that in continuing thd delegate system in nominating
State officers, electors are not allowed to ^j nominate
directly? In continuing the delegate system, we are
therefore ignoring and repudiating our platform
pledges and betraying the people with false pretenses.
I shall not be a party to such repudiation. I shall not
endorse such a betrayal of the peoplei,, No political
party can make me a political hypocrite. ,; jj^

" The Democratic candidates promised the people
in the last t campaign that if we were successful, .we
would give them — among other , things, — a State-
wide direct primary law. ,[.t].,

' ' I ran for the Governorship on the platform of the
Syracuse convention. I helped to write that platform,
and after I was nominated I stood on it throughout
the campaign — squarely and honestly.

* ' At the request of my party I made a campaign
through the State. They tell me I spoke to more
people during the contest than any other can-
didate in all the history , of the State. I told the
people that if I were elected I would do everything in
my power to carry out the. pledges of my party as
enunciated in the Syracuse platform. Many doubted
the sincerity of these campaign speeches; but there
was one man who never doubted their sincerity, and
that is the man who is now Governor of the State.

1332 Public Papees of Goveknoe Stjlzeb

" When I cannot be honest in politics, I shall get ont
of politics. I bielieve honesty in politics will succeed,
just the same as I believe honesty in business will
succeed. If anyone doubts that, all he has to do is to
think of what has been accomplished in this country
during the past quarter of a century by the men who
have dared to be true, and have been honest in politics.

" "When I make a promise to the people I keep it, or
I frankly tell the people why I cannot keep it. When
my party makes a promise to the people, I want my
party to keep the promise, or I want the people to
know the reason why.

" Let us keep the faith. That is where I stand, and
I will stand there to the end. If any Democrat is
against me in my determination to keep Democratic
faith, I must of necessity be against him.

"It is all very simple to me. If any Democrat in
this State is against the Democratic State platform
that man is no true Democrat ; and as the Democratic
Governor of the State I shall do everything iii my
power to drive that recreant Democrat out of the
councils of the Democratic party.

" The record will show that for years I have been a
consistent advocate of genuine direct primaries, and
I firmly believe that the enactment into law of a State-
wide direct primary bill, along the lines of the measure
we have caused to be prepared, and which was intro-
duced in the Legislature, will accomplish what the
voters desire, and reflect greater credit on the mem-
bers of the present Legislature than the passage of
any other act that can, or will be presented, for the
consideration of its members this year.

"Let us be honest with the voters and keep our
pledges to the people. At all events, as the Governor,

Addbesses 1333

I shall, and if the Legislature does not, I want the
voters to know the reason why. ,

"When we consider the waste, the extravagance,
the ineflSciency, aiid the cbrrnptidn, which have re-
cently been brought to light in connection with the
administration of public affairs in our State, and which
are the cause of painful humiliation to every thought-
ful and patriotic citizen, all due, in no small degree,
to the fact that in recent years political power has
been gradually slipping away from the people who
should always control it and wield it, there can be no
doubt as to the necessity of this legislation and as to
our duty in this all important matter.

" Every intelligent citizen is aware that those who
subvert the government to their personal advantage
have found their greatest opportunities to do so
through the adroit and skillful manipulation of. our
system of party caucuses and political conventions.
It must cease or our free institutions are doomed."

Speech in the Colonnade Theatre, Elmira, N. Y., Tuesday,
May 20, 1913.

LET US KEEP THE FAITH.

Mr. Sulzer spoke as follows:

" The adoption of State-wide direct primaries, and
the abolition of State conventions, is in no sense an
abandonment of the principle of representative gov-
ernment, but on the contrary it is a protest against the
perversion of representative government.

* ' Under direct primaries the people will govern them^
selves, through representatives, but through represen-

1384 Public Papers of Ggvehnob Sulzbr

tatives selected by themselves. Representative' gov-'
ernment is only made actual when the power to name
candidates is taken away from political bosses, or from
groups of party leaders, and placed in the hands of the
voters of the political party.

' ' That the American people are determined to have
no intermediary between themselves, and their public
servants has been shown by the adoption of the seven-
teenth amendment to the Federal Constitution, under
which the people have taken from the Legislatures^
powers previously delegated to them to select United
States Senators. >

" The people believe themselves moire competent
than their legislators toj elect Senators in Congress,
because they so often found members of the iLegisla-
ture were not the faithful . agents of the people, but
were subject both to boss controLand systematic bri-
bery. All the arguments now used against "the aboli-
tion of State conventions have been used in opposition
to the direct election of United States Senators, but
these arguments have been vain against the rising tide
of progressive democracy.

' ' In my first message to' the Legislature I said : '

' ' ' We are pledged to the principle of direct
primaries. State wjidp ,in their scope and char-
acter, and I urge the adoption of such amendments
to our primary laws as will simplify the pi-ocedure
and make complete and more effective the direct
primary system of the State.' • '

" The Democratic platform of 1910 declared for
' State-wide ' direct primaries, but those who drew the
Democratic platform of 1912, realizing that the reason-
able expectations of the rank iand file of party voters
were lidt met by the legislation of 19li pledged the

1-, Addresses ■■■. 1335

party to Sadopt such amendments to the .existing law
as will sdmplify and perfect the direet primary system. '

"The electors ,pf the State, understood the words
,' State-Ayide direct primaries ' to mean direct primaries
applied to the nomination of Statei officers* Democratic
campaign speeches and the newspapers which sup-
ported our platform a,nd ticket so interpreted these
words.

", Lyet us keep . the ; faith. LetjUS not deceive our-
selves, andilettus not, try to (deceive the people; the
plain fact is, that iii our primary reform legislation we,
in New York State, have left off our work just where
♦the people expected us to begin. By not making our
direct primary lg.,w apply directly to the nomination of
State officers we have continued the delegate systeni in
the particular field, in which it h^s proven the; most
lUnsatisfactory. to the .people.,, ; ,,,,,;

'.'The SG^time^^t in the State in favor ,oi. direct
primaries, tfQTind.: its , origin and growth princi-
pally in the, ;f apt that under the established primary
Jaw the, rank, and file of party voters were jjot able to
control their deleigates when they assembled in the
State convejit^pps.v - .. i..^-. .

" The people expected nothing lesS; from us when w;e
declared for State-wide direct primaries, than the nom-
ination by the voters of all State oflfioers, b€)<?ause it has
been demonstrated that we have a convention system
jijider , which- the will of the, people is not f aithfijlly
conveyed through caucuses and Assembly District con-
ventions up to the State conventions. .

"Delegates to the State convention, when assem-
bled for action, have been found nat pi;operly respon-
sive to the sentiment of their constituenits. They have
been found more anxious to carry out the! wishes of
certain party leaders than to carry put the wishes qf

J336 Public Papers of Govebnoe Sulzeb

the mass of individual party t^oters. Controlling
political power has not passed frdm the individual
unit, in which it should originate, up to the State con-
vention. On the contrary controlling political power
has originated with certain party leaders who have
usurped and nullified the rights of party voters and
bfought about nominations which were desired by
these party leaders, but not demanded by the voters.

" Do I need to cite that at the assembling of each
State convention the interesting questions have been,
how many delegates does this leader control, and how
many delegates does that leader control, and can such
and such groups of delegates be combined by secret
manipulations to bring about certain desired nomina-
tions?

' " Do I need to cite that State conventions have often
been known to nominate candidates who have never
been mentioned nor even thought of, by the rank and
file of party voters? Do I need to say that in such
cases delegates are not the representatives of the
voters, but the representatives of party leaders who
deserve the stigma of being called ' party bosses? ' Do
I need to say that boss-ruled conventibns are a re-
proach to any party ?

' ' I know that the people of the State of New York
in common with the people of other States be-
lieve that if they are qualified to choose by their votes
on election day governors, judges, senators and con-
gressmen, they are also competent on primary day to
nominate these same officials — not some of these
officials, but all of them.

" If it is wise to trust the people with the power to
nominate some public officers, I am sure it is just as wise
to trust them with the power to nominate all public offi-
cers. I believe it is as wise to trust them to nominate

Addresses 1337

a Governor as to trust' them to nominate a constable,
and as wise to trust them to nominate a judge of the
Court of Appeals as to trust them to nominate a jus-
tice of the peiace.

"The people have been trusted with this power in
many other States, and they have used it to bring about
greatly improved conditions. Let the Empire State
put itself in line with the foremost States in all the
Union, by favoring nominations by the people, for thus
only can we secure a government of the people. .,

" So if any one tells you that a direct primary law
is not a good thing, you deny it, and point to what
other States have done through the agency of this
benefieient system.

" No man fears direct primaries, except a man
whose character, and whose ability, and whose men-
tality, cannot bear the searchlight of publicity. No
man fears direct primaries, unless he wants to be the
creature of invisible government rather than be the
servant of popular governnlent

" Our State-wide direct primary bill is a good meas-
ure. I am for it. My friends are for it. The plat-
form of every party is for it. On this issue there is
no middle ground. The Democrats of the State must
stand with their Democratic Governor foi? direct pri-
maries, or they have got to be against the Democratic
Party. Let every Democrat decide. All my life I
have fought for the right; for the truth; for justice,
and for humanity. ■ I shall not change now.

"What Democrat in our State is going to be false
to the platform, to be a traitor to the party, and to
desert me in the performance of my duty? In this*
cause for direct primaries I have no fear of the, ulti-
mate result. The people will win.

1338- Public Papeks- op GtOv^senob Sulzeb

'■' I 'say deliberately to the Demoerats of the State
that you have got to line up your representatives in the
Legislature to pass this honest, this just, this fair^ this
nonpartisan State-wide direct primary bill, to keep our
pledges, or I will line up the people against yoiir repre-
sentatives for their failure to be true to onr platform.

' ' In connectiom with the discussion of State- wide
direct primaries I believe the time has arrived for me
to frankfly answer two questions, which perhaps I am
better qualified to answer than any other living man.
The first question is — i' Why is such desperate effort
made to retain State conventions? 'and the other
question is ' Why did the party bosses last fall permit
open conventions for both the Republican and Demo-
cratic parties? '

"Every day since I have been Governor I have
been more and more impressed *with the enormous
po\ver for good or ill which centers in the Executive
Office, carrying with it such powers of removal and
appointment, as gives one the control and management
of practically every department of the State. Cor-
porations and individuals seeking special- privileges
care little who writes the laws of the people^ if only
they may control the man elected to execute the laws,
and who appoints the heads in every department of
the State. With a pliant tool in the Gk)vernor.'s chair
the lid may be removed from the public treasury; ^
grafters may be given places in every department, and
public affairs conducted solely for private piFofit. It is
the great graft prizes that go with the office of Governor
that makes it the shining mark of political bosses and
the special interests.

" We were given open State conventions in this State
last fall in the hope that the wrath and indignation

Addressess , 1339

of the people against boss rule might .]3e in a measure
appeased and the passing away of State conventions
be delayed for a few years. But one swallow dpes
not ;inake a summer nor one open convention wipe away
the stigma of a long series of boss rule conventions.
" I am reminded of the story of the Florentine agi-
tator who imagined that all public evils had been cor-
rected when he obtained a pair of new boots. I do not
imagine that the jeyils of boss rule.^ave passed, away,
because I have bpen .norpLin^ted and elected Governor.
I have daily positive evid:ence tp the contrary. New
York, State is today unquestionably theforempst State
iUi'the Umon, the. greatest in wealth, the greatest in
population and the greatest in the jnteUigejiCG of its
population. We have adopted, mp,deru industrial im-
provements, we have been quick to utilize discov^;ry and
invention, but we have begn one of the, slotvest States
in the .TJn^pn .to appreciate thq abuses and the dan-
gers which have sprung up through secjr^t, alliances be-
tween great wealth and tlie powers of government. It
is for t^e very reason ihaX. our growth in wealth has
,l)eep., sp rapid, and our progress so swift, that the evil
tendencies of special privilege are more apparent, in
pur State: than anywhere else.

"In my message vetoing the abortive Blauvelt bill
I said:

" * Every intelligent citizen is aware that those
who subvert the government to their personal ad-
vantage have found their greatest opportunities
to do so through the adroit and skillful manipula-
tion of our system of party caucuses and political
conventions. It must cease or our free institu-
tions are doomed. ' . ,u

1340 Public Papers of Gtoveknor Sulzek

"The time lias arrived for me to give a bill of par-
ticulars as to these allegations. Almost every day
since I assumed office I have seen demonstraitiohs of
their truthfulness. Soon after January first, realizing
that the expenditures of the government had several
titties multiplied during the past generation, I ap-
pointed a Committee of Inquiry to investigate the
causes and to devise methods for the application of
sound business principles to the affairs of the State.

" This comnaittee performed a service unparalleled
in the history of investigating committees. In a little
more than two months it made a report reviewing
the conditions of almost every State department. The
importance of completing its work speedily in order
that legislation might be passed to remedy evils discov-
ered prevented its members from following to the end
the trails of graft which they discovered.

* ' They discovered not only inefficiency and waste in
the management of the affairs of the Stiate, but they
discovered just such disgraceful secret alliances be-
tween big business interests and crooked public officials
as I described in my veto message on the fraudulent
Blauvelt bill.

' ' In the office of the State Architect, in the' Highways '
Department, and in the Prisons' Department startling
revelations were made making necessary the dismissal
of the heads of each of these departments, together
with those most intimately associated with them in
making these departments the spoil of political
plunder.

" The work started by the Committee of Inquiry
is ndw being' carried forward by special investi-
gators appointed by me in my determined efforts to
rid the State of ev«ry dishonest official who is conduct-

Addbesses 1341

ing his office for the benefit of his political pocket
rather than for the good of the people of the: State.
Had a Governor been elected last fall who owed his
nomination to the political machine, the plundering of
the State, which I have discovered and brought to
light, would have gone on and remained unknown.

" Experience has shown that in this State the peo-
ple have been more disposed to suffer the evils which
flow from convention rule rather than abolish the con-
vention system upon which boss rule depends. But the
civic corruption which I have brought to light has shown
to the people that it is their duty to unite in the move-
ment which I am leading, to restore popular govern-
ment and to provide new safeguards for the security
of popular rights.

" The people are now demanding a ncAV declaration
of political independence to the aid of which they are
pledging their most earnest efforts to bring their rep-
resentatives to the support of our direct primary bill,
which will establish conditions under which in things
political every man shall count for one, and no man
shall count for more than one.

' ' How vitally important, therefore, that this power
of nomination should be wielded by the many and not
by the few.

" The changes which I advocate in our primary law
are in harmony with the spirit of the times and of
democratic institutions. They aim to restore to the
people the rights and the privileges which have been
usurped by thei few, for the benefit of invisible pdwers
which aim to control governmental officials, to pass
laws, to prevent the passage of other laws, and to vio-
late laws Avith impunity. To these invisible powers T
am now, always have been, and always will be opposed.

1342 Public Papers op Goveknob Sulzeb

' ' No government can be free that does not allow all
its citizens to participate in the formation and the
execution of its laws. Every other government is a
form of despotism. The political history of the ages
illustrates the truth that under the forms of demo-
cratic government popular control may be destroyed,
and corrupt influences, through invisible political
power, establish a veritable despotism."

Speech in the Opera House, Schenectady, N. Y., Wednes-
day, May 21, 1913.

THE POWER TO NOMINATE IS THE POWER TO CONTROL.

Mr. Sulzer spoke as follows:

' ' The spirit of time Democracy is summed up in the
slogan * Let the people rule. ' They cannot rule until
they obtain a successful method of nominating the
candidates of all the political parties.

" New York State is one of the last States in the
Union to capitulate to the present-day demand for
popular rule in the nomination of candidates for all
public offices. It is bound to come in New; York. The
fight is on, and the people are in earnest to secure this
salutary reform.

"The power of special privilege is making its last
stand in out State, but will be overthrown, and over-
thrown, speedily, by a righteous public sentiipent.,

' ' Every day I am hearing from Senators and As-
semblymen who v:oted against our direct primary bill,
and who now assure me they will give it their support
at the coming special session of the Le^slature, be-
cause they have learned since they returned hopa^ that

ADDRESSES«»aM/'l \'S4?>'

byWoting against direct primaries, they misrepre-
serited'the sentiment of their constituents, y' ■ <'I<»'*'I

" The widespread deniand for direct primaries orig-
inated mainly from the scandalous failure of State
conventions to faithfully reflect the' sentiment of the
voters. Again and again candidates having strong
support in State conventions have been set aside .and
the bosses have brought forward at the last moment
a dark-horse candidate and secured his nomination
through skillful political manipulations.^''''' •^'» '-!' tfin
tu< There are only two kinds of primaries — direct
and indirect. The latter constitutes the reactionary
delegate system;' the former constitutes the present
progressive system. There are no twaways about it.
The principle admits of nO debate and no compromise.
I' am for" the direct system. I want the people to
nominate because I want the people to rule. The'
power to nominate is the power to control. Do not
forget that, '-^^t -!"'»' xa^-tiHu •tn'^u hi

" To have direct primaries and to have State con-
ventions is impossible. Direct primaries have been
devised by the friends of good government to permit
the people to nominate their officers directly without
the intermediary of delegates, and as, of course, you
cannot have State conventions without delegates, it
follows that State conventions must go and honest
direct primaries must come. There is no" middle
ground. There can* be no compromise. Those 'Who
want to compromise are against us. You cannot com-
promise a principle. nuv

" It is self-evident to me that if the people are com-
petent to directly elect their public officials they are
also competent to directly nominate these officials.'

*' If it is important for minor officers (to be nomi-

1344 Public Papbbs of Gtovernob Sxtlzeb

nated by the people, it is still more important that the
people be given the power to nominate candidates for
United States Senator and for Grovernor. That if
special interests seek to control public affairs for the
promotion of their selfish ends through the manipula-
tion of party conventions, the plain people should seek
to dp the same thing by taking in their own hands the
right to nominate directly these important officials.

" The, truth is that the delegate system of nomi-
nating officers has. completely broken down and proven
itself not only inadequate to carry out the wishes of
the people, but it has become an instrumentality
through which the powers of government are prosti-
tuted and brought under the dominion of unscrupulous
men seeking special privileges.

* ' The power of special privilege is greater in New
York than in any other State, because in New York is
centered the great financial interests of the Nation.
Most of these interests are sound, legitimate, and
honest, but some of these interests are illegitimate,
and it is the last mentioned kind which are fighting the
beneficent reforms which I am advocating — reforms
which will faithfully carry out the letter and spirit of
the political platforms of every party in this State.

* ' The Democratic party, in the State of New York,
in its last State convention, declared in emphatic terms
for direct primaries and State-wide at; that.

" I believe it is my duty, as the Governor, elected on
that platform to do everything in my power to carry
out this solemn pledge. Every Democrat in the State
elected on that platform should uphold my efforts to
redeem the pledge and keep faith with the voters.

" So far as I am concerned there will be no step
backward. I am in the fight to stay and to the end.

; I 4\,PPK^SSES 1345

Hence I urge every honest Ifemocrat in the State who
belieyes in fair play, ,wl)i,q: wants to keep good faith,
and who favors redeeming solemn party promises to
aid me in the struggle. ..

* ' We will win in the ejid. , , The leading newspapers
of the State; seven-tenths of the jvoters of the State,
regardless; of party affiliations; and the overwhelming
popular sentiment of the people, are behind the cause
for direct primaries and are with me in thei fight for
the legisl3,tion.

" Jaet me tell yon briefly just what our direct pri-
mary bill accomplishes :

" 1. All party candidates for public offices, except
town, village and schppl district offices, are to be nomi-
nated direptly by the enrolled party voters at an
official primary.

"^. A State committee of 150 members, one from
each Assembly district, and a county committee for
each county, to be elected directly by the enrolled
party voters at the official primary.

"3. All party candidates to be yoted for in the offi-
cial primary to be by petition only, just the same as in-
dependent candidates.

" 4. Every, nominating petition to contain the ap-
pointment of a committee for filling vacancies on the
official primary ballot.

' ' 5. Candidates! to be arranged on the official pri-
mary ballot under the title to the office. Order of ar-
rangement to be determined in each group by lot, by
the commissioners, of election, in the presence of the
candidates or their representatives. All emblems on
the primary ballot abolished. Names qf candidates
to be numbered from one upward. Voter to indicate
hiS; choice by niaking a cross mark before the name of
each candidate.
43

1346 Public Papers of Gtoveenor Stjlzeb

" 6. The number of enrolled party voters required
to sign a nominating petition to he' fixed b^ a percent-
age of the party vote for GrOvernor at the last preced-
ing election, except that for State-wide office^ the num-
ber need not exceed 3,000 enrolled voters of which fifty
shall be from each of twenty counties. The number
in the city of New York need not exceed 1;000 enrolled
party N^oters, with other maximum limits for smaller
subdivisions. '■' ' • ■• ''

" 7. The official primary district is made identical
with the election district, and primaries of all parties
to be held at the same polling place, conducted by the
election officers. ' "■

" 8. Each party to have a party council to frame a
platform ; such council to consist of the party candi-
dates for office to be voted for by the State at large ;
party Oongresssmen, and party United States -Sena-
tors; candidates for the Senate and Assembly! and
niembers of the State committee.

" 9. A special enrollment eaCh year in the month of
June for a new party created by the vote at the last
preceding general election.

" 10. The time for filing independent nominations
subsequent to the filing of party nominations increased
from five days to fourteen days. The number of sign-
ers for an independent certificate of nomination re-
duced to conform substantially to the number of sign-
ers for a party nomination.'

' ' 11. Election of United States Senators by the peo-
ple provided for in accordance with the recent con-
stitutional amendment. Nominations to be made at
official primary in the same manner as for the office of
Grovernoi". .

12. Eegistration days in the country reduced from

i I

Adpeesses 1347

four to two, and registration in the country by affi-
davit required wiief e voter does not appear personally.

?' 13. Boards o,f: election in counties having less than
one hvtndred ' and. twenty thousand inhabitants reduced;
from four members to two. ; •! t

* ' 14. The use of. party funds at primary j^leetion
prohibited. 1 :

,"15. The penal law to be. amendgdi , limiting the
awpwt of money th^t may be expended by a candidate,
or any person in his,b^|ialf, for the purpqse pf seeking
a nominatip.n to pijblic.o^fice. ,,;,, , ,1.,:, ;

/'.1,6, Delegates and alt.e:^ijp.te.s fromj the ;S,tat.e at
large, and from congressi,9nal districts, to thp, national
convention tOibe cho,sen by the direct vote of enrolled
party voters at tlie official primary. , .

".Thett is briefly \vliat our direct primary Ijill doe^..
Any propositipn less than this begs th^e.whol^.questiqn
and violates t^ie pledged faith pf;th|^ .Democratic party
to eV|Qr;|r voter in tt^ ^tate. . , , ,,..,,

" I am now, and always have b^een and alT^yays will
be in favor of carrying but the ,platf 9;"m pledges of a
political party to the letter. The b^st, way to
strengthen a pplitjcal party is to ke^p laith , wi,tl; .Ijhe
pepple, , , L . ,' r -

" I want to restpre t,o .th^ people qf, tie i State ; jthe.
complete control ^Ojf.t^eir -State government; to, afford.
the voters of the State the freest expression of their
cl|oice of candidates for public p.^ce j and I believe that
our ' State- wid^:'. direct primary bill embracp^. an
holiest, a. sincere, a; comprehensive an,d a prf cticalj plan.
for these accomplishmei^ts. .; ._ ^ i

" Besides I, consider ,th^t ,puri ' State-wide ' direct
primary biU is an absolutely nonpartisan measure,
which faithfully reproduces and will substantially

1348 Public Papees of Governor Sulzek

carry into practice, the pledges of the three great
political parties concerned in the last State election ;
and that, on its merits, it meets with the approval aiid
has the support of a large majority of all the intelli-
gent citizens of this State.

" It is my Candid opinion that every member of the
Legislature is solemnly bound in honor, and is pledged,
by the highest moral and political obligations, to vote
for the enactme&t of this direct primary bill ; ahd those
who fail to do so will be recreant to their promises and
forced to yield to public opifiion arid be replaced by
others who will vote to give the State an efficient and
just State-wide direct primary law, that will embrace
evety office, from Governor down to constable.

"Is it necessary for me, or any other man, to say
that in continuing the delegate system in nbriiiriating
State officers, electors are not allowed to nominatie
directly! In continuing the delegate Systeni we are
therefore ignoring and repudiating our platform
pledges and betraying the people with false pretenses.
I shall not be a party to such repudiation. I shall not
endorse such a betrayal of the people. N*o political
party can make me a political hypocrite.

" The Democratic candidates promised the people
in the last campaign that' if we were successful, we
would give them — among other things — a State-wide
direct primary law.

" I ran for the Governorship on the platform of the
Syracuse convention. I helped to write that platform,
and after I was nominated I stood on it throughout
the campaign — squarely and honestly.

"At the request of my party I made a campaign
through the State. They tell me I spoke to more
people during the contest than any other candidate

Addresses ■ 1349

in^ all the history of the State. I told the people that
if I were elected I would do everything in nay power
to carry out the pledges df iny party as enunciated ill
th'6 Syracuse platform. Many doubted the sincerity
of my campaign speeches; but there was one man
who nevef doubted, and that is the man who is now
the Governor of the State. ''' ' '

" When I cannot be honest in politics, I shall get'
out of politics. I believe honesty in politics wilr suc-
ceed, ijust the same as I believe honesty in business will
succeed. If an'yone d6ubts that, all he has to do is to
think of what has been accomplished in this country'
during the past' quarter of a century by the men who
have dared {6 be ttue, and ha;vb been honest in politics.

' ' When I make a' promise to thd people I keep it, or
I frankly tell the people why I cannot keep it. When
my party makes a promise to' the people, I want my
party to keep ' the promise, or I want the people to
know the reason why." , ' *

' ' Let us keep political faith wiih the vo,ters. That
is my ndbtto. ,That is where! stand, a,nd I shall stand
there to the end. If any Democrat, is against me in,
my deterhiinailiion to keep the iDeinocratic faith, I must
oi necessity be against that kind of a Democrat,

" It is all very simple to me. If any IJeraocrat in
this State is against the Democratic , State platfoi^m

.',,, .■.--•! l,:ir ° ; i . ; Mill ll!['' f-';!i'':i 111 ■ i '-^ '.'-.S

that itan is np true Demppra,t,; and as the;Pemocratic
Grovernor of |the State I shall do everything in my
power to drive that recreant jDemocrat put of tihe
councils of the Democratic party.

" The .record will snow that for years I have been a.
coj^sistent adyocate of genuine idirect primaries, and
I firmly b,ejieve iiliat the e^^actnient into law of a State-
wide direct primary bill, along the lines of tjhe measure

1350 Public Papebs of Gtovbbnob Sxjlzbk

we are advocating, will accomplish what the voters
desire, and reflect greater credit on the present Legis-
lature than the passage of any other act that can be
presented for the considerjation of its members -this
year.

" The voters of the State, however, must now see
to it that the men they have sent to the Senate, and
the Assembly, keep their promises, and, in the extra
session of the Legislature vote for our dji;pqt priniary
bill, or never hope again for political preferment. ,, ,

," In th^, recent session of the, Legislature the;bp,sges
told the people's representatives to beat the^ .direct
primary bill, In the extra session of the Legislature,
called by me, and soon to convene, I wanl; the voters
who elected the Senator^, and the Assemblymen, to
tell them to vote for this meritorious measure as they
direct, and not as the political bosses misdirect.

" Instruct your representatives in the Legislature,
what your wishes are in this matter. Tell the;m whflt
you want them to do about our bill for direct pri-
maries, and rest assured they will not. dare^ to cheat
you again.' If the voters in each Assembly and Sena-
torial district will do their, duty for the next month
the direct primary bill will be passed in the extra ses-
sion of the Legislature and success will crown our
effort — but every voter must do his duty.

" Let us be honest witli the voters and keep our
pledges to the people. At all events, as the Governor,
I shall, and if the Legislature does not, 1 want the
voters to know the reason why. , ,

" When we consider the waste, the extravagance,
the inefficiency, and the corruption, which have re-
cently been brought to light in connection yith the
administration of public affairs in our State, and
which are the cause of paiiiful bumiliation to every

Addresses 1351

thoughtful and patriotic citizen, all due, in no small
degree^ to the fact that in recent years political power
has been gradually slipping away from the people
who should always controlit and wield it, th^re caii
be no doubt as to the necessity of this legislation to re-
store the government to the people, and as to our duty
in this air important matter. ■ • '

" Every intelligent citizen is aware that those who
subvert the government to their personal advantage
have found their greatest opportunities tp do so
through the adroit and skillful manipulation pf, our
system of party caucuses and political conventions.
It must cease br our free institutions are doomed.

"In this campaign for direct primaries, I am sti)-
pealing now directly to the vPters of all political par-
ties, and they are responding as they always will re-
spond when their rights are jeopardized, and they hear
the call of duty, and see the opportunity to assei^t
effectually their inherent power and inalienable
rights.:

, "From every farm, and hamlet, and town, and
city come voices declaring that the time has arrived
to dissolve the politieal bonds by which the few have
enthralled the many by skillful, secret and disgraceful
mapipulations of party conventions, i and to establish
State-wide direct primaries, abolishing State conven-
tions, as they have already been abolished in two-
thirds of theiStates which form this Union.

" Every day I see accumulating,, evidence of the
trutji, which I stated in my recent Direct-Primary mes-
sage to the Legislature, that those who would subvert
the powers of government to personal advantage and
to special privilege find their greatest opportunities to
carry on this nefarious work through the skillful mg,-
nipulations of political conventions.

1352 PtTBLic Papee^oi' Governor Sulzek

"Political conyqntiqns mijiist' go. Disgraceful secret
alliances betwe,^ special privilege and crooked politics

irius|; cease. ^haX is all tlie;ce is .tq it. " ;,,,,;

Speech in Response to the Reverend F^thejr Bloomer, and
the School Children, at Elmira, New York, the After=
noon of May 20, 1913

When the Eeverend Father Bloomer introduced the
Governor he said :

' ■ My deay Governpr Sulz€ij;„in,the name of the ho;pe
(:>f, the nation, represented bjithis rising generation, I
"vrelcome your Excellency, tpiiqu,r» midst,, land I; hope that
during your ;hripf stay iU; Elmira you will realize that
patriotism an(J prosperity prevail in they^Jl-eyS'Qfitjlie
.Chemung." ,^j, ,. ■. • j s

Governor Sulzer responded as follows : i > ! ; =

Father Bloomer, boys and girls, I am glad to greet
you on this beautiful afternoon, and Ithanfc you for
your cordial reception. '

I appreciate every word the reverend father has
said. He sounded a kejmote that rings true through-
out America. The boys and the girls are in truth the
hope of our Country. God bless them ekch and every
one. The priesent Governor of New York is now; al-
ways has been, and alwkyfe' will be interested in the
rising generation. "■ ' '

These bright boys and these merry girls in a few
years will be the men and the women of Amferiek —
the fathers and the mothers in out country. On thorn
will devolve the duty that now rests tiJ)on' us to 'see 'to
it that this Flag is protected, and that oUr free insti-
tutions do not perish from the Earth.

AddJjesses 1358

It is gratifying to meito observe that the boys and
the girls here assembled have in their hands the Flag
of' our country, the Flag of freedom, the greatest Flag
in all the world, because it represents the hope and the
aspiration of every boy, and of every girl, and of every
man, and of every woman in America.' Long may it
wave over the land of the free, and the home of the
brave.'! I The love of country is the life of the nation.

It is incumbent upon us in our day and iil our gener-
ation, as it will soon be incumbent upon these boys and
these girls, in their day'Etnd in their generation, not
only to preserve inviolate the greatness and the glory
of that Flag, because it represents aU that we are, and
all that we hope to be, but more, we must see to it that
the free institution^ of the fathers are handed down
unimpaired to the coming generations. We are the
trustees for the future. iji;> i<> ■ 'nD 'it

Imbued with that idea. Father, I am now going
around the State talking to the people — telling them
the truth atbout this struggle for direct nominations —
which means nothing more or less than this — that we
should trust the people and that we should let them
nominate — not a few of the candidates for public
office, but all of the candidates for public office.

.Some of /the bosses tell, ^ us that the people have
brains ,eno^gh to nominate a constable, but that they
have not brains enough to nominate a Governor. The
advocates of ' direct nominations deny ilhat. We say
the voters have brains enough, and ability enough, and
honesty enough to nominate every candidate for public
office — from Gpvern or down to constable. ' ' '*
'^ The changes which we advocate in our primary sys-
tem are in harmony with the spirit of the times, and
will make for the perpetuation of our free institutions.

1354 Public Papers of Gtovebnor Sulzeb

They aim to restore to the people the rights of the
many which have been usurped by the few, for the
benefit of invisible powers which aim to control gov-
ernmental officials, to pass laws, J;o prevent the passage
of other laws, and to violate laws with impunity. .;-.

To these invisible powers I am now, always haw
been, and always will be opposed. ;,

No governttient can be free that does not iallow all
its citizens to participate in the formation and the exe-
cution of its laws. Every other government is a mere
form of I despotism. The political history of the world
illustrates the truth that under the forms of demo-
cratic government popular control may be destroyed,
and corrupt influences, through invisible political
power, establish a veritable despotism.

AH credit to you. Father, for your unselfish devotion
to the cause of the children — the boys and the girls
— the hope as we say of our country. You are build-
ing in their hearts a monument more enduring than,
marble or brass. In the words of the Great Galilean :
"As ye have done it unto one of the least of these ye
have done it unto me.;'' ,

Short Address at the Elmira College for Women, the
Oldest College for Women in Amerjca, May 20, 1913

(Stenographically reporteii.)

The President of the College, Dr. McKenzie, when
he introduced the Governor, said :

' ' Tour Excellency, one of our most beautiful young
ladies. Miss Hutchinson, the representative of the As-
sociation of Suffragettes, in this CoUfege,' wants to
decorate you." - '■ ■;

AoiEESSES 1356

(The yching lady then stepped forward and pinned
a bow of satin ribbon on the lapel of the Governor's
cbat.)

Goverabr Siilzer said:

Br. McKenzie and ladies, it is a real pteasure, f pr me
to meet you, and to greet you, on this beautiful after-
noon. I had no idea there were so niany good lookihg
^dungwoinen in the Elmira Coilege. Dr. McKenzie
is to be cbiigratulated upon the intelligence, the neat
!dj)pi6krarice, and the enthusiasm of his students. I
#6uld hot mind beiri^ a teacher here niyself .
' 'They tell me this is the first college in the world to
confer degrees on women. That is something to boast
about. I iam proud to stand in the shadow of its wialls
and testify to ririjy' appreciation of its greatness and its
liberality. I believe in' equal rights to all. I have be-
lieved iii' that all my life.

Nearly a qharter of a century ago I introduced in
the Legislature of this State a, bill to ^ve wonien, the
right to vbte. The bill did hot become a law, but
shortly afterwards some narrqW-minded men ^6i con-
trol of the Contitutional Convention, and fearing that
such a bill might pass, they wrote in our Constitution
the word " male "' so as to restrict to men the right of
suffrage. That was an indictment against eyery
mother,' ' and eivery sister, and ev^r^^ daughter, in the
State. I voted against the adoption of that Constitu-
tion, beca,use tha,t indictment against our womanhood
was in it.

I hope the day is not far distant when women shaiil
have all the political rights that the men possess.' 'i
am in favor of woman suffrdgb. It will borne ere long
in our State'./

I am deeply interested in our schools and bur col-

1356 Public Papees,of Gqveenor Sttlzbk

leges. They ^re great, ^encks, for good. Fiftyijears
ago Cha,^les jST;ip?ier, standing on tlie; floor of the
United States Senate, gave utterance to this thought
— " the two greatest agencies, in the world for the ad-
vancement of civilization are. good schools, apd good
roads." There never was a thought uttered truer
thaji that. , ,^, ^

I ana glad, as the jiX^cutiye of the first State in,,th^
Union to testify that we are now doing more in New
.York fpr popu^lar education than, any other Sltate^m
the Union ; and that we are now doing more in the
State of New York, to Jbiiild good roa^s, t.h£^n 9.ny ptiier
State, or country, in the. world.

, 1 am glad to be here with the Mayor of your beauti-
ful, city, the Hon. Daniel ph^ehan, an|i 'with -Mr. Cr^^i-
nett, the editor of . the one of our mo^lj progressive
newspapers, and with this dear old,, soldier lan^ states-
man, the Nestor of Chemung county — my good ,f riend
Dr. Bush, ,;, " ..,,_. , , ■.. ,,..,.,,...., ,.,1

We are m^jiing a ,trip through 1;he Staj^^to, tell ,th^
voters something about direct, prinxaries. You^noiw
.abflut the %ht we, are hayJLng,iii.^^](}ainy to ^ecure this
reform. Pprhaps it -w^puld not ,b^^ anji^^ if ,1 ; were to
say a word or two ,tp you al?out thenj^tter.befpre ,we
go away. ':',,, ^ ,... ' ;,;,i'i

Ther^ are two kinds of primaries — direct primaries
and indirect; primaries. Indirect primaries meaij. ;1|he
old delegate system by whichjthe bossies, npiiiinate,aU
the candidates, for public office. Direct prii^axies -77-
which we advocate -— mean th^t the voters will, aopai-
nate all the candidates. That is the dij^^r^^ic^ be-
tween the two, , Vepy simple is it not? ;,,,,.,,.

The bosses tell us the voters have enortg^Llirains in
their opinion to nominate a cpng1;able, jbu^ l;]p.e!y Ij^v^n't

Addkbsses 1357

enough, brains to nominate a Grovernor. We differ
with thenii about that. We,. assert that the voters of
the State of New York are just as capable as the bosses
to nominate all candidates for public office.

As a matter of fact I would rather trust the voters
to make the nominations than to trust the bosses. I
believe a million and a half voters in the State of Ne-wr
York can nominate just as good men for public office
as the two ipolitical bosses.

When two men defy the inherent rights of a million
and a half voters I know what is going to happen.
These two bosses can prevent the Legislature, which
they now control, f rom, ipassing our direct primaries
bill, (but when public opinion gets after these bass-
owned members; of the Legislature they will ultimately
surrender. Time is on our side. There never was a
time in our history, and there never will be a. time in
our history when a couple of political bosses ; could de-
feat,for long the just demands of a million and a half
determined! citizens, . \

. They tell me Prof. McKenzie is a Scotch Priesby-
terian. My: mother's ancestry was , of ,' Scotch-Irish
stock. I have in me somer of -that fighting bloodi The
bosses said, when I began this direct primary cam-
paign, that I; would not fight. That; I would be like
Hughes and Dix — talk a little — and then give up the
struggle. They know better than to say that now.

If it is wise to trust the people; with the power to
nominate some public officers I am sure it is just as
wise to trust them with the power to nominate all pub-
lic officers. I believe it is just as wise to trust them to
nominate a Governor as to trust them to nominate a
constable, and as, wise to trust them tol nominate a
judge of the Supreme Court as to trust them to nomi-
nate a justice of the peace.

1358 Public Papbbs of GoVebstoe Scjlzer

The people have been trusted with this power to
nominate in many other States, and they have used it
most intelligently to bring about good government and
greatly improved political conditions. Let the Em-
pire State put itself in line with the foremost States
in the Union, by favoring nominations 'by the voters,
for thus only can we secilre a -government of the
people. . . '

So if any one tells you that direct' nominations is not
a good thing, you deny it, and point to what other
States have done through the agency of this ^beine-
ficient reform. ' ' ■

No man need fear direct iprimaries except a man
whose character, and whose ability, and whose men-
tality, cannot stand the searchlight ^ of publicity. No
man need fear direct nominations unless he wants to be
the creature of invisible government rather than the
servant of popular government.

Our state-wide ' direct primary bill is a good meas-
use. I am for it. My friends are for it. Every good
citizen is for it. The platfdrm of nearly every party
is fori it. On this issue there is no middle ground.
The Democrats of the State must stand with their
Democrat Governor for direct primaries, or they must
be against the ' Democratic platform. Every Demo-
crat must decide. All my life I have fought for the
right; for the truth; for simple justice, and for hu-
manity. I shall not change now. ■

What honest Democrat in our State wants me to be
false to our platform ; to be a traitor to our party ; and
to be a; deserter in the performance of duty! Let him
speak out. In this cause for direct primaries I have
no fear of the ultimate result. The people are sure
to win.

,^R9E^SES., , . I 1359

In conclusion let me tliank you | fqr .your, cordial,
greeting. . I, wish all success to the students of this.
College. You are on ,the threshpld ,o,f the larger life
-^r- of great expectations — of widening opportunities.
You are the coming teachers, arvd the coming mtfthers
of our country. God hless you — each, and every one
— and all honor to the man — Prof. McKenzie — and
his assistants ■ — for all they have done, a,nd for 9,11
they are doing so unselfishly ,to make you usefvil
women, brave women, and goodiWomen-^- women who
will; do your duty in ,eyery ^alk .qf life, .hei:e and there
and everywhere,.; ,■,'<,'/.-, : . ; , ; ; ; , • , . • ; ; ■ : ; , - ;

The College cry was then given. £^nd the, Alma Mater
sung. , ,

At Corning, New York, in the Opera House, May 20, 1913

Governor Sulzer said: .

My friends, it' is a great pleasure for me to meet you!
and to greet yon to-day. I am Vei'y'fond of your very
beautiful city. It has a warm place in my heart, and
I see here to-day many old friends, the friends of a
lifetime, the men who have stood by me in the past,
whose hearts are true and whose heads are steady. '■ I
see on this platform my old colleague in the Legisla-
ture, that griand old soldier and statesman. Dr. Bush.
He is With me in this struggle to do right. Alongside
of him sits the Mayor of Elmira, the Hon. John S.
Sheehan; and next to Congressman 'Havens sits
former Congressman Jbhn DeWitt Warner, one of the
most distinguished citizens in our State. And here is
Brother SchWarzenbach, aUd yo'u know Congressman
Underbill," a splendid editor and high-type of national
legislator, and an honest citizen, my old friend and

1360 Public Papers of GtoVeenor Sulzbk

colleague in the House of Representatives, Brother
Underhill, and many of your distinguished townsmen
whose names I would like to mention and to whom I
would like to pay a deserted tribute, but I haven't the
time, and will only' say regarding thes'e old arid dis-
tinguished friends whom I saw standing in the aisle
as I came upon the platform, and who now sits in
yonder seat, one bf the greatest sons of the Empire
State, the favorite son of Steuben county, that grand
old jurist. Judge Bradley.

When I became Governor I made up my mind that I
would be Governor in fact as well as in name. Many
doubted that the first part of Jiariuafyj' but nobody
with brains enough to see a hole in a ladder doubts it
now.

When I became ,Governor I determined that no in-
fluence would control me in the performance of my
duty but the dictates of my cohsci«noe and my obliga-
tions to the people. I have adhered tenaciojusly to
that thus far and I will stick to it unjiil the end.

They say they will beat me. I have heard them say
that before. They could not beat me years ,ago when
I was an Assemblyman for five years in this State.
They could not beat me when I went to Congress, and
I stayed there in spite of them ; for ; eighteen years.
And no man in this State can beat me to-day but Wil-
liam Suizer. But -I care nothing- about that, nothing
aibout the political future and personal consequences.
I am going on to do my duty as God gives me the light
and as I see the right. , During the last campaign as
I swung through tlds State, and they tell me I spoke
to more people than any other candidate in the history
of the State, I told the people a few simple truths. I
told them the sinapl^ truths from the bottom. tQf> my

AkdIiesses 1361

heart. Many doubted tbe sincerity of my words iii the
last campaign, but there was one man in this State
who never doubted the sincerity of those words, and
tha;t is the man whd is the Governor to-day. - /-

It is all very simple to me, because I am a simple
man? I am just the same to-day, as Dr. Bush can tell
ybu, as I was in the Legislature a quarter of a century
ago. I am just the same to-day, as Congressman Un-
derbill can tell you^ as I was in Congress. I haven't
changed. I don't intend to change. Others have
changed and it is their fault and not mine. All I want
to do is be honest. All I want to do is to tell the
truth. All I want to do is be on the level and make
good, and when I am dead and buried the greatest
mohumelit the i>eople can etect over me is a little shaft
about three feet by six and to write on it: " Well
done Bill." ■ "(ti ••^H :'i-/i'»fwj

I am not working for to-day or to-morrow or next
year. I am working for thci great future, and I dan
s'ee just as far in the future as any man that lives. "I
know, in the last analysis, when the future historian
peris the record of the day my administration will' not
be judged on what I say but on what I do and on what
I have accomplished. So, my friends, I am trying'to
do things — do things for myself? No! Do things
for you. Do you think it is easy?' If you only knew
how I am cajoled, if you only kneV how I am threat-
ened, if you only knew the obstalelesthat are put in my
way by men who stand high in my own party. If you
only knew how disheartening and how discouraging it
is at times you would spmpathize with me in the strug-
gle, and every one of you in your hearts and in your
minds would be with mo in the fight. 'f« i>

• (A voice: " You have a crowd in this part of the
State that will back you up.")

1362 Public Papeks ; of Governor Sulzee

I know that what he says is true, and at this time I
want to thank you for sending to the Legislature men
like Senator Seeley and Assemblytnan BrewsteT and
Assemblyman Seeley. They are true men. They are
holiest representatives. They have served you faith-
fully. They are entitled to, your commendation. They
have stood by me in season and out, of season at Al-
bany.. They ;have stood by you there and when every
effort) :W* made; to get them to- vote against your in-
terests they said no, and they said it so emphatically
that it was heard in Tammany Hall. All honor to
those representatives. I toldithem on the train to-day
their votes for Direct Primaries were all right and
they would never have cause to regret it. And if I
am any judge of popular^ sentiment, and I think I know
it as well a;s anyone, these representatives are to-day
receiving the plaudits and the thanks of- their con-
stituents.

I Now, I my friends, what is the issue? It is very
^mple,' i It is so simple that a. child can understand it.
You know there are two^kinds of taxes, direct and in-
direct, and. I tell you there are twQ kinds of primarieSj
direct and indirect. Direct primaries are the pri-
maries of the people. , Indirect primaries of the bosses.
If you are for yourselves you are for direct primaries.
If you are for the bosses then you are for the bosses'
primaries —^ indirect, primaries.

Now you cannot split a principle. A principle is
fundamental and direct primaries is a principle. You
cannot compromise it. - You cannot split it. It is ridic-
ulous to, try to straddle it, although a good, many
prominent Democrats in the State are straddling it.
If you are for direct primaries you are in favor of the
voters nominating caadidates for office. If you are

Addresses '' 1363

for indirect primaries you are in favor of the delegate
system by which the delegates select the candidates
for office.S. '^f y^i' 'itTu((()i. an 'siif In- I'ivoji. '»rit 'Xo
'<'i At the very beginning of our history, during the
dark days of 1776, there were many men in thiB coun^
try who said that the people Bhould not be free because
they could not be trusted; that it was better to have a
King -or a^Queen around them than to let them govern-
themselves, but George Washington did not think that
way, Benjamin Franklin did ^not ' think that way,
Thomas; Jefferson did not think that way, and the
patriot fathers won their freedom and their independ-
ence. The people who were opposed to them in those
days were called Tories. We have them to-day jtist
as the patriotic fathers had them in their day, only we
call them political bosses. >ii These political bosses tell
you that you may have sense enough to nominate a
constable, but you certainly have not brains enough to
nominate a Grovernor. They are willing. to let you
nominate an Assemblyman, but don't you think of try-
ing to nominate a judge, i They are willing to have
you nominate an Alderman, but for Heaven's sake do
not iinagine for a moment you have sufficient f ability
to nominate a State Engineer. ^ I differ from those
party leaders. '<' I trust the people and the people' trust
me, and that is the reason during all these years, jtet
half my natural life, I have run every year for office,
or every other year, and have never been beaten and
have always run in a Republican district. itffJiijiiii
I trust the people and I never trusted them in vain and
I know in trusting them now 1 will not be disappointed.
There has never been a time in the history of '^Alrnerica
when a man trusted the people that the people did not
appreciate it and trust that man.^ There has never

1364 Public Papebsi-o:^ Governor Sulzbk

been a time in, all the history of our. country when the
people who Were deprived of power at the formation
of the government had an opportunity to get it back
that they did not take it thankfully. If anybody doubts
that Jet, them read the amendments tOithe Federal Con-
stitution. All of those amendments were written in
the Constitution by the people against the protest of
the men who said they could not. govern themselves.
Now that is the i old question over again before us in
this campaign.. The few want to govern and they do
not trust the people. I take the other view-point. I
say the many! are competent to govern and I am will-
ing to trust them. If you want to control you have
got to nominate. You cannot control unless you nom-
inate. The power of nomination is the power of con-
trol. Why is it that two, men in our State to-day con-
trol the ^Legislature ? It is because those two men can
control the nominations, of the Legislature, and unless
the legislators do what these men; say they fear they
cannot be renominated. Take away that power and
you take away the last vestige of the power of the boss.
They know that. Thatris the reason they are against
this bill lofi ours for direct primaries. Can you tdaone
them?. Hardly. But when we want to give you the
poiwer, can any one for a moment dpmbt, that you will
not take that great power?

De Tocquville, who wrote the greatest story tiiat has
ever been written in the history of the world about the
institutions of America, says in that wonderful book
that this Republic can never perish, because it has one
thing in it that no other Republic in the history of the
world that has gone upon the rocks of destruction ever
had in it, and that was the power tO; ex^cute. This
government is (indestructible, as was demonstrated

Addresses 1365

during the terrible Civil War^ because it has the power
to execute; -^ii )• ■ . ){r(:-) >tiir>oHr9C! <>ih

As the Governor of the State I realize more and
more every day what a tremendous power this is, this
power itff ' execute. What do these fepecial interests
care, my friends, about the laws', if they can control the
men that execute them? >■> Nothing. I Why would they
be fighting me so bitterly to-day? It is because they
cannot control to-day in the State of New York the
power ^hati executes. '.<fl want to make you free to con-
trol your own affairs by nomiinating your own officials.
In that regard I assert, and defy successful contradic-
tion that if you are competent and capable of nomi-
nating an Alderman or Assemblyman or a Justice of
the Peace you are just as capable and just as compe-
tent to nominate; a United States Senator or a Con-
gressman or a Lieutenant-Grovernor oj? a Governor or
a, Judge of the Court fof Appeals. Any assertioh
against;! that doctrine is an indictment against our in-
telligence aiaki agaJasti our advancing civilization, t Out
upon such a thing as that. I wemb in to this st-Bii^g^-e
very caiutioTisly. All winter long I appealed to the
■nlembefrs of the Legislature to carry idut the promises
of our party in thie Syracuse platform.! I i wanted them
to keep faith with the people. I wanted them to write
upon the statute books what the Democratic party gaid
about a direct primary state-wide in its scope. They
refused to do it. Then I sent a special message to the
Legislature telling them exactly what we ought to do
and they answered that^special message by sending
me the abortive Blauvelt bill to make nia,tters worse
instead of better, and I vetoed it in language thiatis
istilll burning amder their skins. U Then I' sent them our
bill and they beat it. m How did they beat it? fl will

1366 Public Papees of Governor Sulzeb

tell you how they beat our direct primary bill. First
the Democrats caucused against it. Then the Republi-
cans caucused against it. The two great parties cau-
cused this bill of the people. ;Now I am an old par-
liamentarian. I have studied parliamentary 'law -for
a quarter of a century. I went home that night and
searched through Hinds ' Precedents, the greatest Pre-
cedents in the world, and I tell you, and throhigh you
the people of' the State' of New York, that for the first
time in the history of English parliamentary law this
was the first time when two i parties ever caucused to
beat one bill. < ;

Do you suppose those representatives in the Legis-
lature beat that of their free will and accord? Cer-
tainly mot.' The iDeihdcrats got their orders ovei* the
telephone and the Republicans got their orders,
Barnes' orders. What a spectacle of government!
What an indictment of i'epresentative institutions,
when a single individual in one part of the State and
another individual in another part of the State can
compel the Legislature to caucus to beat a bill they
promised to give the people,; and the kind of a bill the
people want. There never was anything like it dn the
history of our free institutions, andi I trust, after we
get through there will never be anything like itiasain.

Now that was not all. That was enough to ao to
beat the bill, but that was not all. They sent for their
representative in the Assembly and theiy sent for thfeir
Senator and they read the riot act and said to each of
them.: unless you vote against the bill of the Grovemor
for direct primaries we will pass no legislation for you,
but be against it and we will throw down into the Leg-
islature all the legislation that has been pigeon-holed
in every committee! in the Legislature, andi many As-

Addeesses 1367!

semblymen audi many Senators anxious to pass billsi
good bills, Mils for their localities, bills that their con-
stituents wanted, and they voted against the direct pri-
mary bill in order to get their legislation through. The
consequence was, that when theXiegislature adjoul-ned
the Governor had i j eight hundred . and ' ninety-two
(thirty-day) billiSi:, I have disposed of about half of
them andJ I am going back to Albany to-morrow to
dispose of the other half.

I told all the representatives who stretched their
conscience and Voted against direct primaries in order
to get through some pet scheme not to come to me and
ask me to sign it, becausel would not be a party to
that kind of a corrupt bargain.

Now my friends. this~is a town where most of the
people who are here have to go to work when the bell
rings, and I do not intend to keep you away from your
work. It is bad enough to keep you away from your
dinners, but it is, a great tribute to a cause when so
many toilers give up their noonday dinner, to come out
and listen to those who are fighting their battles. to re-
store the government of the State to themselves, i, That
is what this fight is, and you can sum it all up in a nut-
shell— what is the direct primary? JDirect primary
is restore the government of the people to the people.
Mr. Shearn told you the i slogan of ^America, to-day.
You hear it- everywhere, rising here and here rever-
berating from one lend of the land to the other, that
slogan that^has made so many people free: /' Let the
people rule." That is what direct primaries ^ mean.
Let the people rule. Are you opposed to it? No.
You are ajU in favor of it. Who is opposed to it?i Just
a few men who do the ruling themselves. Do you think
they can rule you better than you can rule yourselves?

1368 Public Papers of GoVeknob Sxjlzek

Think it over. If you do vote against direct primaries,
if you don't, make every member of 'the Legislature
that you can reach by letter, by postal card, that you
can reach by personal contact, toe the mark, make him
stand up and vote for this bill to give you the power to
nominate all candidates for public office in the State
of New York from Groverhor down to Constable.

On Direct Priiiparies, in Prospect Hail, Bprougli of Brook>
,,lyn». New York City, M^y 28, 1913,

Mr. Siilzier said in l^art:

'* Tha,t the voters are deterinined to have no inter-
mediary between themselves and their public officials
has been shown by the adoption of the seventeenth
amendment to the Federal Oohstitution, under whifch
the people have taken from the Legislatures powers
previotisly delegated to thera to elect United States
Senators.

"The Democratic platform of 1910 declared for
' State-wide ' direct primaries, but those who drew the
Democratic platfbrin of 1912, realizing that the reason-
able expectations of the rank and file of party voters
were hot iflet by the legislation of 1911, pledged the
party 'to "adopt such amendments to the existing law
as will perfect the direct primary system.''
'■" The electors of the StatiS understood the words
' State-wide direct primaries ' to mean direct primaries
applied to the nomihatibn of State officers. Democratic
campai^ Spefeches and the newspapers which sup-
ported our' platform and ticket So interpreted these
words.

" Let us not deceivfe burselves.' The fiact is, that in

our primary reform legislation we, in New Yqrk State,
have left off pur work just where the people expected
us to begin. By not making our direct primary law
apply directly to the nomination .pf ^tate. officers, we
have continiied the delegate system in the particular
field in which it has proven the most unsatisfactory to
the people. , ,, ,,, , , , , ,, , , .. > -

" The ,^efli|iment,,in the State in. favor. pf, ^§et
primaries found its , ; Oirigin apdi growth princi-
pally in the fact that under the established- primary
law the raak and file pf party voters were not able to
oontroli their delegates when they assembled in the
State cpnventions. ,i .

, , " The people expected nothing lesiSf rom us when we
declared for State-wide direct primaries, than the nom-
ination by the voters of all State officers, beeaiiiieit has
been demonstrated that we have a convention system
under which the -wiliiof sthe people i?( not faithfully
conveyed through caucuses aiid Asisembly District con-
ventions up to tfee State <?pnye]fijtions. .,:
;" .Delegates- to the State convention, when iassem-
bled for action, have been f pund not properly respon-
sive to the sentiment of their constituents. They have
been found more anxious to carry out the, wishes i of
certain party leaders than to carry out the wishes: of
the mass of individual party voters., Controlling
political power has not passed from the individual
unit, in which it should originate, up to the State con-
vention. On the contrary, controlling political power
has origina,ted with certain party leaders who have
usurped the rights of party voters aijd broughti about
nominations which were desired by these party leaders,
, , but not Remanded by the^ voters. .,,■

'f Do I need to cite that at the assembling qf.each

1370 Public Papers of Gtovebnor Sulzer

State convention the interesting questions hate been,
bow many delegates does tbis leader control, and bow
many delegates does that leader control, and can such
and such groups of delegates be oombiiied'by secret
manipulations to bring about certain desired nomina-
tions?

" Do I need to cite that State conventions have often
been known to nominate Ctodidates who have never
been mentioned nor even thought of, by the^ raiik arid
file of party voters? Do I need to say that in such
cases delegates are not the representatives of the
voters, but the representatives of party leaders who
deserve the stigma of being called ' party bofsses f ' Do
I need to say that boss-ruled conventions are a re-
proach to any partyl' •

"I know that the people of the State of New York
in common With the people of other States believe
that if they are qualified to choose by their votes on
election day governors, judges, senators and congress-
men, they are also competent on primary day to nonii-
nate ' thesfe same officials — not some of these officials,
but all of them.

" The people have been ttiisted with this power in
many other States, and they have used it to bring about
greatly improved conditions. Let the Empire State
put itself in line with I the foremost States in all the
Union, by favoring nominations by the' people, for thus
onlyi can we secure a government of the people.
' '" So if any one tells you that a direct primary law
is not a godd thing, you deny it, and point to what
other States have done through the agency of this
beneficent system.

" No man fears direct primaries, except a man
whose character, and whose ability, and who^e men-

AddBessbs .1 . i 1371

tality, icannpt. bear the searchlight of publicityi No
man fears direct primaries, unless he wants-to be the
creature of invisible goveriunent rather than be the
servant of popular govpriQment.

"iOur State-wide direct primary bUl is a good meas-
ure. I am for it. .{^y. friends are for it. The plat-
forms of ; the leading political; parties are for it. On
this issue there is no middle ground. The Democrats
of , the State must stand with their Democratic Gov-
ernor for direct primaries, or they have got; to be
against the Democratic Party., Let every Democrat
decide, ijl my life I have fought for thie right; for
thj^ , truth J for , justice, and for humanity. I, ; sl^aU not
cibangenow. ;■;,,,.,•> in,. >. ."■ '

.," Wha,t . Democrat, in our State is going to be falise
to the platform,, to ibe at traitor to the party, and to
(^es^jBrj;, me in the performance of my duty? In i this
cause for dirept primaries I, have no f^aiiiOf the ulti-
mate result. The people wUl win. , . ;, ; ;

. " I say deliberately to th(g DeimQcr;at^, of the State
tlmtyou have got to li^ie up your representatives in, the
Legislature to pass; this honest, this just, this fair, this
nonpartisan State-wide direct primary bill, to keep, our
pledges, or I will line up the. people against your, repre-
sentatives for their failure to be true to our platform.
',* The adoption of State-wide direct primaries, and
the abolition of State conventions, is ; in no sense an
abandonment of the; principle qfi representative gov-
ernment, but on the contrary it is a protest against the
perversion qt representative government.

'MJnder direct primaries the people will govern
themselves, through representatives, but through
representatives selected by themselves. Representa-
tive government is only made actual when the power

1372 Public Papers of Governor Sulzer

to nam© caMidates is taken away from politiicar bossies,
or f rem groups of party leaders, and placed in the
hands of the voters of the political party.

" The voters of Brooklyn have a history of political
independence of which they may well be proud. For
that reason I' look to them to support the Stat^-wide
Direct Primaries bill at the coming extra session. The
bill insures to them a freedom from political dictation
such' as they have often showed they desiTed, but
which they have nevei* fully enjoyed.

" They should see' to it thsit theii" assemblymen and
their senators vote for the bill at the extra session, or
demand the rea&on why. The votes of these legislators
on the bill, at the last session, I am convinced, do not
represent the belief , nor the desire, of a inajority of
the voters of the Borough of Brodklyn.

* ' I am sure that the Democratic voter^, the rank and
file 6f the party, defsire the enactment of a Stiate-wide
Direct Primary Law which will give them a voice in
the nomination of all their candidates for office, from
United State's Senator to members of Assembly. They
desire the enactment of a bill that will give them a
direct voice in the eleiatioh of members of their parity
committees. Do the voters realize that this bill gives
them exactly those things?

■' Under this bill there will be no mote applications
of the ' unit rule,' whereby the delegates are tied in
a bunch by the boss and compelled to sit idly by in the
convention while the boss casts their votes for any
candidate he selects. They themselves will have the*
opportunity to vote for any candidate they prefer, in a
primary election conducted with air the safeguards of
a general election^ insuring an honekt couilt of the will
of the members of the party.

Addresses 1373

t! " That is the object of the bill, to sum it up in a few
words. It takes from the bosses the power of control
over nominations and gives* every candidate a chance
in the open to submit his claims to all the members of
his party. It does this simply, without involved' ma-
chinery, by simply requiring of any candidate for a
nomination that he obtain a petition signed by a per-
centage of the enrolled voters of his district. u't)^i, u
j-,<' Why shouldn't any Democrat, or any Republican,
or any Progressive have the right to submit his claims
directly to his fellow party members — for any office
or for any position on a party committee — without
appealing to* his district boss or his county boss?
Under this bill, which I have good reason to believe
will be supported by many 'additional members from
Brooklyn at the coming special session, every man is
given an equal chance. That should appeal to the
voters of Kings county, to whom we look"'for much
that is progressive, much that is sincere, and much that
is independent, in all matters political. '^J

" Let the district organizations of Brooklyn submit
this proposition to their own members. Let us take a
vote of the ' machine ' itself, if we can, and find out
if ev«n thie members of the ' organization ' do not want
this bill. If thfe members of Assembly and the mem-
bers of the Senate wduld even 'go this far without con-
sidering the great number of independent voters I be-
lieve they would receive a command that could not be
disobeyed to vote for this bill. '^ ^''^ "'^^ ^'''"
" But they don't dare do it. They are afraid to put
the test to their own people. Let the legislators, or the
district leaders, try this test vote, if they dare, and let
them have a full and honest poll of their meijibers. T
mean no ' snap ' meetings, no resolutions adopted at a
meeting of a handful of the ' regulars,' but an honest

1374 Public Papeks of Gtoveknob Sulzek

poll of all the enrolled voters in their districts. If
they are unwilliiig to try this appeal to the people now,
they will have to suhmit to the vote of the people i in
November. ^ , , , ; .

" Let them tell the voters that, the Dfemocratic party
in the Syracuse convention pledged itself for honest
Statcrwide direct primaries, and that the Eepublicans
pledged themselves for primary reform, and that the
Progress-ives pledged their party to a real direct pri-
mary, laA^f applicable to every elective oflSce. Then let
us see ho'w^ I many voters will, refuse to stand up for
the honor of thfeir partyi

" This is not only. a Democratic bill. It is more than
a Democratic bill. It is a bill for all the people which
the Democrats gave a pledge to carry out. I consider
that our State-wide direct primary bill is an absolutely
non-partisan measure, in the broad sense, which faith-
fully reproduces and will carry into practice the
pledges of !the three great, political parties concerned
in the last election, and that on its merits it has the
support of a large majority of the citizens of the State.
." ;Our opponents tell us that the State convention
should, not be abolished. The plan, to place candidates
on the primary ballot for State offices, after they have
receive^ithfe signatures of three thousand enrolled vot-
ers, they say is * unworkable.' The proposal to abol^
ishthe State conventipnis no new thing. It has worked
in many other States, very successfully, and it will
work in New York State, or I a,m no jiidge of the
State and its people.

, '* I cannpt see why any Brooklynite, much less any
Brooklyn Demqcrat, should insist upon the retention
qf a State , convention. The : history of a few years
back shows that even in these days of publicity and en-
lightened public opinion, the convention system has its

Addeesses 1375

drawbacks for Brooklyn. I need gO back no farther
than 1908 m the history of the Democratic party iti
Brooklyn to remind many loyal Democrats of how a
majority of their delegates to a State convention were
thrown out at the dictation of another county," That
was a sample of a State convention, which' possibly
some so-called leaders would like us to retain. ^ti

" Why should Brooklynites stick fast to the State
convention ? What have they ever gained by it but the
sight of one boss flickering with another boss, or fight-
ing another boss? ot lont-' > iuiwod ylifui^.log «i 'nu
oil " Many other defects in the present, nominating sys-
tem are corrected by our State-wid6 direct primary
bill. Election districts are to be inade the units of
representation. This will not only cut down the size of
the ballots which in the last spring primaries were
absurdly long and almost impossible to vote intelli-
gently, but it will have other advantages, o It will give
election districts the right to choose their own repre-
sentatives on the county committee., Under the pres-
ent system a man might not receive two votes in his
own election district,, where he is known, but he plight
ibe elected to the county committee through the plural
ity of votes in other election districts in his Assembly
district. You have seen cases in Brooklyn, where, by
carrying a few populous election districts, a,lthotTjgh he
lost a great majority of the rest, a district leader has
carried with him all his candidates for the county com-
mittee, leaving the election districts that went against
him represented by members of the minority factiqn
in those districts.,; That will be no longer possible, if
our bill is enacted into law. ,.[/, t,^[,, <,i.ij.„nvJ-;

" Under our bill, the use of party funds to assist
some one candidate, at the expense,,of the other can-
didate for a nomination, is prohibited. Also the, use

1376 Public Papeks o^ : Gtovebnob Sulzek

of ! the p^rty emblem to designate the choice of the
' maehine ' against the candidate who is likewise a
member of the party, is forbidden. Why should one
member of a party sa£feE such discrimination in favor
of another member of the party who happens to have
the good will of the boss? I am sure that the inde-
pendent voters of Bangs county can give no answer to
these questions which will serve to excuse their, repre-
sentatives from voting against the bill.

'* I am convinced that every member of the Legisla-
ture is solemnly bound in honor to vote for the enact-
ment of our Direct Primary Bill, and that those who
fail to do so will be forced to yield to public opinion
and be replaced by others who will vote to give the
State an efficient and just primary law. I look for
many new faces in the Assembly from Brooklyn n«xt
year unless the present members vote for this bill.

" The Democratic candidates promised the people
in the last campaign, that if we were successful, we
would give them — among other things — a State-
wide direct primary law.

" I ran for the Governorship on the platform of the
Syracuse convention, and after I was nominated I
stood on it throughout the campaign — squarely and
honestly.

"At the request of my party I made a campaign
through the State. They tell me I spoke to more
people during the contest than any other candidate in
all the history of the State. I told the people that if
I were elected I w'ould do everything iti my power to
carrjr out the pledges of my party as enunciated in the
Syracuse platform. Many doubted the sincerity of
these campaign speeehels ; but there was one man who
never doubted their sincerity, and that is the man who
is now Governor of the State.

Addresses 1377

" The people are now demanding a new declaration
of political independence to the aid of which they are
pledging their most earnest efforts to bring their rep-
resentatives to the support of our direct primary bill,
which will establish conditions under which in tilings
political every m'an shall count for one, and.no man
shall count for more than one.

" How vitally important, therefore, that this power
of nomination should be wielded' by the many and not
hj the few.

" The changes which we advocate in our primary
law are in harmony with the spirit of the times and of
democratic institutions. They aim to restore to the
people the rights and the privileges wliich have been
usurped by the few, for the benefit of invisible powers
which aim to control governmental officials, to pass
laws, to prevent the passage of other laws, and to vio-
late laws with impunity. To these invisible powers I
am now, always have been, and always will be opposed.

' ' No government can be free that does not allow all
its citizens to participate in the formation and the
execution of its laws. Ever}- other government is a
mere form of despotism. The political history of the
ages illustrates the truth that under the forms of
democratic government popular conti'ol may be de-
stroyed, and corrupt influences, through invisible
political power, establish a veritable despotism.

" I want to restore to the people of the State com-
plete control of their State government; to afford the
voters of the State the freest expression of their choice
of candidates for public office; and I believe that our
State-wide direct Primary bill embraces an honest, a
sincere, a comprehensive, and a practical plan for
these accomplishments.
44

]378 Public Papers of Govkenor Sulzer

' ' This spirit of true Democracy is summed up in tiie
slogan ' Let the people rule. ' They cannot rule until
they obtain a successful method of nominating the
candidates of all political parties.

' ' Political conventions must go. Disgraceful secret
alliances between special privilege and crooked politics
must cease. That is all there is to it."

On Direct Primaries, in The Star Casino, Borough of
Manhattan, New York City, May 28, 1913.

Mr. Sulzer said in part :

"In this campaign for direct primaries I am ap-
pealing directly to the people, and they are respond-
ing, as they always will respond, when their rights are
jeopardized, and they see the opportunity to assert
effectually their inherent power.

" From every farm, and hamlet,, and town, come
voices declaring that the time has arrived to dissolve
the political bonds by which the few have enthralled
the many by skillful, secret and disgraceful manipula-
tions of party conventions, and to establish direct pri-
maries and abolishing State conventions, as they have
already been^ abolished in, two-thirds of the States
which form this Union,

" Every day I see accumulating evidence of the
truth, which I stated in my recent Direct Primary
message to, the Legislature, that those who would sub-
vert the powers of government to personal advan-
tage and to special privilege find their greatest oppor-
tuEiities to carry on this nefarious work through the
skillful manipulations of political conventions.

" New York State is one of the last States in the

Addbesses 1379

Union to capitulate to the present-day demand for
popular rule in the nomination of candidates for all
public offices. It is bound to come in New York. The
fight for the cause of direct nominations is on^and the
people are in earnest and determined to win.

" The power of special privilege is making its last
stand in our State, but will be overthrown, and over-
thrown speedily, by a righteous public sentiment.

" Every day I am hearing from Senators and As-
semblymen who voted against our direct primary bill,
and who now assure me they will give it their support
at the coming special session of the Legislature, be-
cause they have learned since they returned home that
by voting against direct primaries they misrepre-
sented the sentiment of their constituents.

"From others I hear that they will support the bill
if it be amended so that State conventions may be con-
tinued. The play of ' Hamlet ' with Hamlet left out
would not be more of an abortion than a direct pri-
maries law with the State convention retained.

"To have direct primaries and to have State con-
ventions is impossible. Direct primaries have been
devised to permit the people to nominate their officials
directly without the intermediary of delegates, and as,
of course, you cannot have State conventions without
delegates, it follows that State conventions must go
and honest direct primaries must come. There is no
middle ground. There can be no compromise. Those
who want to straddle are against us. You cannot
straddle a principle.

" The widespread demand for direct primaries orig-
inated mainly from the scandalous failure' of State con-
ventions to faithfully reflect the sentiment of the
voters. Again and again candidates having strong

1380 Public Papers of Governok Sulzee

support in State conventions have been set aside and
the bosses have brought forward at the last moment
a dark-horse candidate and secured his nomination
through skillful political manipulations.

' ' There are only two kinds of primaries ^- direct
and indirect. The latter constitutes the I'eactionary
delegate system; the former constitutes the present
progressive system. You cannot be for both. There
are no two ways about it. The principle admits of no
compromise. I am for the direct system. I want the
people to nominate because I want the people to rule.

" The Democratic party, in the State of New York,
in its last State convention, declared in emphatic terms
for direct primaries — and State-wide at that.

" I believe it is my duty, as the Governor, elected on
that platform, to do everything in my power to carry
out this solemn pledge. Every Democrat in the State
elected on that platform sliould uphold my efforts to
redeem that pledge and keep good faith with the
voters.

" So far as I am concerned there will be no step
backward. I am in the fight to stay and to the end.
Hence I urge every honest Democrat in the State who
believes in fair play, who wants to keep good faith, and
who favors redeeming solemn party promises to aid
me in the struggle.

" We will win in the end. The leading newspapers
of the State; seven-tenths of the voters of the State,
regardless of party affiliations ; and the overwhelming
popular sentiment of the people, are behind the cause
for direct primai'ies, and are with me in the fight for
this beneficent legislation.

" Let me tell you briefly just what our direct pri-
mary bill accomplishes :

Addresses 1381

" 1. All party candidates for public offices are to be
nominated directly by the enrolled party voters at an
official primary — and the official primary to be con-
ducted by the State, and surrounded with all the safe-
guards of an official election — any violation of the
primary law to be a felony.

"2. A State committee of 150 members, one from
each Assembly district, and a county committee for
each county, to be elected directlj^ by the enrolled
party voters at the official primary.

" 3. All party candidates for public office to be
voted for in the official pi'imary to be designated by
petition only, the same as independent candidates,

' ' 4. Every designating petition to contain the ap-
pointment of a committee for filling vacancies on the
primary ballot.

" 5. Candidates to be arranged on the ballot under
the title of the office. Order of arrangement to be
determined in each group by lot by the commissioners
of election in the presence of the candidates or their
representatives. All emblems on the primary ballot
abolished. Names of candidates to be numbered.
I Voter to indicate his choice by making a separate
mark before the name of each candidate.

" 6. The number of enrolled party voters required
to sign a designating petition is fixed at a, percentage
of the party vote for Governor at the last preceding
election, except that for State-wide offices the number
need not exceed 3,000 enrolled voters, of which fifty
shall be from each of twenty counties.

" 7. The primary district is made identical with the
election district, and primaries of all parties to be held
at the same polling place, conducted by the regular
election officers just the same as an official election.

1382 Public Papers of Goveknor Sulzer

' ' 8. Each party to have a Party Council to frame a
platform; such council to consist of the party candi-
dates for office to be voted for by the State at large;
party Congressmen, and party United States Sena-
tors; candidates for the Senate and Assembly; mem-
bers of the State committee ; and the chairman of each
county committee.

' * 9. The time for filing independent nominations
subsequent to the filiilg party nominations increased
from five days to fourteen days. The number of sign-
ers of an independent certificate of nomination reduced
to conform substantially to the number of signers of
a party designation.

" 10. Election of United States Senator by the peo-
ple provided for in accordance with the recent con-
stitutional amendment. Nominations to be made at
official primary in the same manner as for the office of
Governor.

' ' 11. Registration days in the country reduced from
four to two, and registration in the country by affidavit
required where voter does not appear personally.

' ' 12. Boards of election in counties having less than
one hundred and twenty thousand inhabitants reduced
from four members to two.

" 13. The use of party funds at primary elections
prohibited.

" 14. The penal law to be amended limiting the
amount that may be expended by a candidate for the
purpose of seeking a nomination to public office or
election to a party position.

"15. Delegates and alternates from the State at
large, and from congressional districts, to the na-
tional convention to be chosen by the direct vote of
enrolled party voters at the official primary.

Adpresses 'I 1383 ■

"Any proposition less than this begs the whole ques-
tion,- and violates .ih§. pledged faith of the Democratic
party to every voter in the State.

" I am now, and always have been, and always will
be, in favor of carrying out our platform pledges to
the letter. The best way to strengthen a political
party is to keep, the faith.

' ' I want to restore to the people of the State the com-
plete control of their State government; to a:fford the
voters of the State the freest expression of their choice
of candidates for public office; and I believe that our
' State-wide .' direct primary < bill embraces an honest,
a sincere, a comprehensive and a practical plan for
these accomplishments.

" Besides, I consider that our ' State-wide ' direct
primary bill is an absolutely .nonpartisan measure,
which faithfully reproduces, and will substantially
carry into practice, the pledges of the three great
political parties concerned in the last State election ;
and that, on its merits^ it meets with the approval of
a large majority of all the citizens of this State.

" I am convinced that every member of the Legis-
lature is solemnly bound in honor, by the highest
moral and political obligations, to vote for its enact-
ment; and those who fail to do so will be forced to
yield to public opinion and be replaced by others who
will vote to give the State an efficient State-wide direct
primary law, that will embrace every office, from Grov-
ernor down to constable.

" Is it necessary for me, or any other man, to say
that in continuing the delegate system in nominating
State officers, electors are not allowed to nominate
directly? In continuing the delegate system, we are
therefore repudiating our platform pledges and be-
traying the people with false pretenses.

L384 Public Papers Of Gtovkenoe Sulzer

' ' I shall not be a party to such repudiation. I shall
not endorse this betrayal of the people. No political
party can make me a political hypocrite.

" It is self-evident to me that if the voters are com-
petent to elect their public officials they are also compe-
tent to nominate these officials.

" If it is important for minor officers to be nomi-
nated by the voters, it is still more important that the
voters be given the power to nominate candidates for
United States Senator and for Governor. If the special
interests seek to control public affairs for the promo-
tion of their selfish ends through the manipulation of
party conventions, then the plain people should take the
nominations in their own hands and directly nominate
these important officials.

" The truth is that, the delegate system of nomi-
nating officers has completely broken down and proven
itself not only inadequate to carry out the wishes of the
people, but it has become an instrumentality through
which the powers of government are brought under
the dominion of unscrupulous men seeking special
privileges.

' ' When I cannot be honest in politics, I shall get out
of politics. I believe honesty in politics will succeed,
just the same as I believe honesty in business will
succeed. If anyone doubts that, all he has to do is to
think of what has been accomplished in this country
during the past quarter of a century by the men who
have dared to be true, and have dared to be honest in
politics.

" When I make a promise to the people I keep it, or
I frankly tell the people why I cannot keep it. When
my party makes a promise to the people, I want my
party to keep the promise, or I want the people to
know the reason why.

xVddbesses 1385

" Let us keep faith. That is where I stand, and
I will stand there to the end. , If any Democrat is
against me in my determination to keep Democratic
faith, I must of necessity be, against him.

"It is all, very simple to me. If any Democrat in
this State is against the Democratic State platform
that man is no true Democrat ; and as the Democratic
Governor of the State I shall do everything in my
power, to drive that recreant Democrat, out of the
councils of the Democratic party.

" Let us be honest with the voters and keep our
pledges to the people. At all events, as the Governor,
I shall, and if , the Legislature does not, I.^i^ant the
voters to know the reason why."

At Niblo's Garden, Corner 170th Street and 3d Avenue,
New York City, May 28, 1913.

Governor Sulzer said :

My friends, it is always a pleasure for me to be ,in
the Bronx. I have been a frieiid of the Bronx for a
quarter of a century, and I have about as many friends
in the Bronx as any man in the State. I want to con-
gratulate the people of the Bronx in at last having a
county. I helped them get that. When the cause was
unpopular I was with them, because it was right. I
stand for popular sovereignty ; for home rule ; for the
rights of the people. I believe in the people, and I
trust them, and I know they are capable of governing
themselves.

I have listened to Senator Griffin. It will not take
me long to answer him. He is like the man who said

1386 Public Papebs of Governor Sulzer

lie was for the law but " agin '' its enforcement. He
said he was " informed." Somebody asked him " by
whom. ' ' I could have told him. By thie telephone.

He told us that we would get a good direct primary
law when the Governor took the legislators into his
confidence. Perhaps the Governor does not want to
take too many of thein into his confidence.

I have learned a few things since I went to Albany.
For years I have been on the firing line. Yes, for eigh-
teen years I have been on the firing line in Washing-
ton, fighting the cause of progress, fightihg for justice,
fighting for humanity, fightihg for the old flaig.

We were free down there, and when I went to Al-
bany I thought they were all free up there too, but I
found out I was mistaken. What I have experienced
since I have been Governor would fill a good size book,
but I haven't time to tell you of all the difficulties, and
all the obstacles that have been put in my way, in my
efforts just to do right, just to be honest, just to tell
the truth.

It is all very simple to me. I only want to do my
duty — that 'g, all. And what a spectacle is presented
to the people of the State of New York when the Gov-
ernor has to appeal to them in order to get through
legislation that they want and that was promised them
by all the political parties in the last campaign.

The Senator told you he did not want any dictation
to the Legislature. The truth is that's the only
trouble there now, and it comes from outside sources.

Three men to-day hold the Legislature of the St^tfi
of New York in the hollow of their hands. One lives
in Buffalo, one lives in Albany, and the other lives in
New York. Do you know why? I ■will tell you why, and
that is the last word for direct primaries. It is be-

Addeessbs 1387'

cause they nominated these men. That is the reason
they control them. The power to nominate is the
power to control. Whoever nominates the officials of
tlie State of New York will control them. I want the
voters to control their servants. I want the voters to
nominate. their public servants. I believe that the mil-
lion and a half voters in this State are just as capable
of nominating the candidates for office as three men.

Last year I spoke in the wind-up of the campaign
just where I am speaking now. I told the truth then,,
and I am telling the truth now, and I am going to keep
on telling the truth as long as I am Governor.

I said that if I were elected the Governor of the
State of New York I would be the Governor of all of
the people, and no influence would control me except
the dictates of mj^ conscience and my determination
to do right as God gives me the light. I have never
deviated from that and I never will. I did not make
that up during the campaign last fall. My mother
taught me that at her knee when I was a child. I be-
lieve success in politics depends upon honesty, just the!
same as- I know success in business depends upon it
If any one doubts it all he has to do is to study the his-
tciry of America for the past twenty-five years and
listen to the story of the men who have dared to be
honest, and who have dared to be true in our political
life. (»fi ,

I said last fall that I was free and was going to re-
main free; that no one would contrbl me if I was
elected Governor except the people of the State. I am
making that statement ring true every day from one
end of the State to the other, and that is the reason
every politician in the State, no matter, what party he
belongs to, who isn't on the level, is denouncing me ;; is

1388 Public Papees ok Gtovebnor Sulzbk

abusing me; is holding me up to contempt and scorn
and ridicule. But I oare nothing about that, because
I can stand erect in the presence of my Maker and look
every man in the face and say what my heart tells me.
That is worth more to me than anything else. That
is worth more to me than the purring of any politician.
That is worth more to me than all the plaudits of all
the bosses that ever lived.

Last fall I told you that if I M^ere elected I was going
to be THE Grovernor — the Governor in fact as well as
in name. I knew what I was saying. I had a pre-
cedent for that. I have been the Governor ever since
the first of January, and every crook and grafter in
the State knows it.

No party, no faction, can make me a rubber-stamp.
No party, no faction can make me a political hypocrite.
All my life I have been working for one little thing —
juSt one little thing. I have sacrificed great oppor-
tunities — I have sacrificed a great career at the bar ;
I have sacrificed great opportunities to make money;
I have sacrificed luxury ; I have sacrificed pleasures; I
have sacrificed almost everything that the heart longs
for ; but I have always kept in mind the one thing.; and
I will keep it in mind until I die, and that is so honest,
so plain, so simple, that when it is all over and I cross
the Great Divide to that undiscovered Country from
whose bourne no traveler returns, I want these friends
of mine who believe that I have been true ; that I have
kept the faith ; that I have fought the good fight ; that
I have done sometliing in my day and generation for
my f ellowmen, to put over my grave a little shaft three
feet and six inches high, and to write on it: Well done,
Bill.

Let me tell you I would rather have that, and the

Addresses 1389

monument I have been building in the hearts of my
fellow countrymen for a quarter of a century, during
the time I have served them faithfully in Washington
and Albany, than any other monument of marble, of
brass, or any other thing that man can give another
man.

When I tell you that, I have summed up my whole
life and my whole career — everything — and when I
come to you as the Governor of the State of New York
and appeal to you from the Legislature, which flaunted
in your faces their defiance, and challenged your intel-
ligence — when I appeal to you from the bosses I know
way down deep in your hearts you are going to be with
your honest, plain, faithful, hard-working Governor.

Now let us see what direct primaries will do. What
are direct primaries'? There are only two kinds of
primaries — the direct kind, which is the people's kind,
and the indirect, which is the bosses' kind. You can-
not be for both. You have got to be for one or for the
other. Whenever a man tells you that he is for direct
primaries but against the Governor's bill you bet the
boss has got him. Whenever a man tells you, whether
he is in the Legislature or out of it, that he is for di-
rect primaries partially — partially — you can bet he
don't trust you. No man is afraid of direct primaries
whose honesty, whose ability, whose character and
whose mentality will bear the searchlight of publicity.
No man is against direct primaries who would rather
be the servant of popular government than the servile
tool of invisible government. No man is against di-
rect primaries who trusts the people, who would rather
appeal to the electors than the man in the little back
room. Let no one deceive us. I am no novice. I
have been in politics all my life. I know the game. I

1390 Public Papers of, Governok Sulzbe

know that it is better to have a million and a half elec-
tors with yon in a fight for a great popular cause than
to have -three bosses against you. If any one thinks
that they are going to stop the enactment of a law for
direct primaries in, this State that man is a fit subject
for what the lawyers call a writ of lunatico inquirenio^

They tell you they beat Grovernor Hughes, but I tell
you they will never beat Governor Sulzer. Direct pri-
maries will come in the State of New York just as sure
as the sun will rise to-morrow morning. There is
notliingr complicated about them. Direct primaries
simply mean that the people shall nominate instead of
the bpsses. All in favor of, nominating themselves
will be^for direct primaries. All in favor of the bosses
continuing the old delegate system of nominating will
be against themselves.

There has, never been a time in the history of Amer-
ica when the people could get back any of the, power
taken away from them when the Government, was in-
stituted that they did not grasp the power. Every
amendment to the Federal Constitution testiflje^ to that
fact, and the last amendment to be adopted, of which 1
a,m the author — and I am as proud of: that as anything
I ever did in my life — was to restore to the people
the right to elect Senators in Congress, by direct vote.
The framers of the Federal Constitution did not think
iui their day, the people were capable of electing United
States Senators. They said if we let them elect a Con-
gressman; that ought to be enough, hut the friends of
the people took up the cau«e, ^.^.d for years they fought
out the battle, until, to-day we have as a part- of the
Constitution of the United States the. Seventeenth
Amendment, which provides that the people; — . the.peo-
ple,^ shall elect Senators as well as Representatives
in Congress.

Addbesses 1391

I haven't any patience with the men who would split*
hairs upon technicalities. I am fighting for a prin-
ciple, not for a technicality. I simply want to restore
the Government to the control of the people — that's
all. Those who are in favor of that are with me, and
those who are opposed to that — and there are very
few of them in my judgment — are against me.

■ Now, so far as this Mil is concerned, I have no van-
ity about it at all. All I want is to have the Legislature
write upon the statute books what the Democi-atic
platform said it wdUld do, just the right given the
people to nominate all officers — not some.

Now they tell you in certain parts of the State that
they are perfectly willing to let you nominate a con-
stable, but they doii't think that you have intelligence
enough, that you have progressed far enough,' that
you have lived long enough, that you have brains
enough, to nominate a State Treasurer. They say^ they
will give you permission to nominate a justice of the
peace, but you must not tliink of nominating a Su-
preme Court judge. They say they will give you per-
mission to nominate an alderman but for Heaven's
sake don't ask for the right to nominate a Governor.

One man in the Republican party nominates their
State ticket to-day, and one man in the Democratic
party nominates the Democratic State ticket to-day.
Some people say I am the product of a convention.
Well, it took a long time for a convention to nominate
me. The peOple who say this also say that it was a
mistake. JBut be that as it may, I know the difference
between tweedle-dee and tweedie-dum. T know that
for many years past if we had had upon the statute
books of the State of New York an honest direct pri-
mary law that would give us an official primary elec-
tion I would have been Governor long ago.

1392 Public Papekb ov Govern ok Sclzeb

It is surprising to me that any representative of the
l)eople would challenge their intelligence by sajing
to them that they ought not to have the right to nom-
inate ; tiiat that exclusive privilege ought to be con-
tided very carefully to one man down in Fourteenth
street. If I were a voter in that rejjresentative's dis-
trict, and I heard him say that, or if he voted that
way- — which is more important than saying it — he
certainly never would get my vote. Daniel Webster
used to say that the duty of a representative was to
repi'esent, aiul when he could not represent the senti-
ment of his constituents he ought to resign. The peo-
ple of our day phrase it a little differently. They have
in some places the " recall " for that kind of a repre-
sentative, and if they haven't it they want it.

Some of these representatives say they don't want
the Grovernor to tell them what to do. Many of tliem
can hardly be blamed for that. What I object to, liow-
ever, as the Governor, is to have somebody else tell
them what to do. I am fighting to make the Legis-
lature free. I am saying as Lincoln did — this State
cannot be half for direct yjrimaries and half against.
We must all be for it sooner or later, and we will all
be for it, and when we are all for it those who have
been against it mil wonder wliy. I want to make the
members of tlie Legislature so free tliat it will be un-
necessary for them to charge up to the State tele-
phone charges. I want to make them so independent
that whenever they are in doubt they will resolve the
douljt in favor of the people. I want to be their friend,
but, evidently, from what some of them are saying
about me publicly and privately, they don't want a
good, square, honest, faithful friend. I want the bosses
to take their hands off of the Legislature and let the

Addeessess 1393

Lc^gislaturf work in harmoii}' with the Govenior for
the general welfare.

I have challenged all the bosses, big and little, in
this State to come out in the open — to come out w^ere
the people can see — and debate the question with me,
meet me on the platform, and say I am wrong, and 1
will say why, what have I done that is wrong? Let
him tell me and I will tell him that he is wrong and I
will prove what I say.

I served notice upon this Republican boss, Mr.
Barnes, to keep out of the Legislature. He had the
audacity to go up there every day and tell the republi-
cans what to do. Why, he went up and told a man
named Elon E. Brown, of Watertown, to introduce a
resolution to impeach me because I had done some-
thing for the poor people — and Brown did it — and
Brown has been explaining up in Watertown ever since
why he got in trouble with the Governor. Brown made
a savage attack on me, and I answered him politely.
Then he wrote me a letter and said that if I did not re-
tract he would sue me for libel. I wrote him another
letter, and that letter he will never get over as long as
he lives. I haven't heard anything of Elon Brown, of
Watertown, from that day to this. A funny thing
about it, however, is this, that fifty of the most promi-
nent lawyers in Northern New York that know Brown
told me that if he ever served me with libel papers
they would defend the suit without cost and plead
justification.

Don't you worry about what your legislators say
about your Governor. Just remember that your Gov-
ernor is not worrying about them at all. He is worry-
ing about bigger fry. I am not after the poor legislator
who does what he is told to do by the man who nom-

1394 Public Papers of GtOveknob Sulzek

inates him. I am after the man who tells him what to
do when he does wrong. In order to take away this
temptation from the poor legislator in the future, I
want to take away from the boss the power to nom-
inate him and give you the power to do it. Of course
if you don't want this power you will never get it,
but if yon want it I will tell you how very easy it is
for you to get it. I know. There is nothing that will
get a member of the Legislature, whether National,
State or local, so quick as public opinion. Let public
opinion assert itself for a cause and the legislator will
he for the cause nine times out of ten, unless he is so
stubborn that he would rather be in private life than
in public life.

I would like to have all the votes from the Bronx
for the direct primary bill in the extraordinary ses-
sion, and after listening to Brother Griffin I am willing
to take him into my confidence, and if there is some
little thing in the bill that, does not affect the great
principle, that he wants taken out, I will be glad to do
that for him in order to construct a bridge for him to
get over on to our side.

Now, my friends, I have explained a few things to
you to-night in a desultory sort of way, but what I
have said has all been from the heart. My heart is
in this cause, first because it is the cause of th« peo-
ple, and there has never been a time in any land or in
any clime wliere the cause of the people has been on
trial that my hand, my heart, my head, my tongue,
have not -been for the cause.

I am for this cause because it means the reincarna-
tion in the State of New York of popular sovereignty.
It means your vote on primary day shall count as much
as the vote of any other man in the State. I want you

Addresses 1395

to have this great power to nominate because that is
the power that controls. I want every man in the
State of New York to have an equal chance with every
other man, an equal right, an equal opportunity, apd
I want the star of hope in our State to shine as it
does in thirty-nine other States in our Union ; to shine
over every individual who wants to climb through his
own efforts, by his own exertions, on account of his
■own hope, his own ambitions, and his own aspirations,
up the ladder of political fame, step by step, until he
reaches the very pinnacle of honor in this land of ours,
where the door of opportunity to all should ever be
open, and where we should all strive as one man to
hand down unimpaired to future generations our free
institutions.

At the Unveiling of the Maine Memorial Monument, at
the Entrance to Central Park in the City of New
York, on Memorial Day, May 30, 1913.

Governor Sulizer spoke as follows :

Fellow citizens : Personally and as the chief magis-
trate of the State of New York, I am glad to be here
this afternoon, to witness the unveiling of the Maine
memorial monument, and to participate in the patri-
otic ceremonies incident to this inspiring occasion. It
is fitting that this memorial monument, to the
heroes of the Maine, should grace the entrance of one
of the grandest parks in all the world, and for years
to come embellish and beautify this city of New York.

For decades yet to follow, this Maine memorial
monument will stand as a silent lesson of the patri-
otic duty of every American citizen. Tliis beautiful
monument — a superb' wonk of art -^ for all time, will

1396 Public Papehs of Governor Sulzek

be a mute testimonial to the people of our land, that
no man, who dies for Ms country, ever dies in vain.
Until it crumbles into dust, this strong work in stone
will solemnly commemorate one of the greatest events
in all the annals of our history — an event which
changed the map of the world, created a new republic
and made the United States one of the greatest world
powers on earth.

The two hundred and sixty odd brave soldiers who
went down to death beneath the waters in the mud and
muck of Havana harbor on that fateful night fifteen
years ago gave up their lives for our flag and died as
bravely as any soldier that ever shed his blood on the
battlefield for freedom.

This magnificent monument, reared to the eternal
fame of our heroic dead, will be an inspiration to gen-
erations yet unborn, because it typifies a great idea;
because it stands for a great patriotic theme — the
love of country - —

" The tumult and the shouting dies,
The captains and the kings depart;

Yet stands thine ancient sacrifice.
An humble and a contrite heart;

Lord God of Hosts, be with us yet;

Lest we forget, lest we forget."

All honor to them — the brave defenders of our
country — their fame is secure. They sleep the sleep
that knows no awakening in the silent mausoleum of
Arlington — our country's imperishable cemetery for
the nation's immortal dead —

" On fame's eternal camping ground,

Their silent tents are spread;
And glory guards with solemn round.
The bivouac of the dead."

Addresses 1397

We erect this beautiful monument not onl_y as a
memorial to the dead, but also as a beacon to the liv-
ing. It will ever be an inspiration to the living as well
as a testimonial to the dead. From the hei;oism of
their sacrifice let every true American take renewed
hope for the perpetuity of our free institutions, and
greater -courage to stand by the American navy, for
which they yielded up the last full measure of their
patriotic devotion.

And now, in the presence of this vast assemblage —
in the shadow of tliis monument we have just unveiled
— ■ I would be remiss if I did not say, all honor to the
men whose foresight and whose love of country have
made that monument possible. All honor to William
Randolph Hearst; all honor to the members of the
Maine memorial committee; all honor to them and to
the patriotic citizens who contributed the funds to rear
this monument. They have done a patriotic work ; they
are entitled to the commendation of their fellow citi-
zens.

On this Memorial day — the day of all the year for
these ceremonies, I say — all glory to the brave soldiers
and sailors of our country. This is their day, dedi-
cated to them by a grateful country — sacred to the
soldiers and sailors, living and dead, who saved the
Union.

There is no honor in the republic too great for the
men who fought for the republic. There is no reward
in the country too great for the men who saved the
country. There is no gift in the government too great
for the widows and the orphans of the men who died
for the government. Our country should be grateful
to her brave defenders. We should remember grati-
tude is the fajirest flower that sheds its perfume in
the human heart.

3398 Public Papers of Gtovebnob Sulzbr

Tke republic owes her defenders and her saviors a
debt of gratitude it never can pay — so long as that
flag (pointing to the stars and strips) floats over a
brave and a glorious and reunited country — and for-
ever and a day* typifies all that we are,; and all that we
hope to be — the greatest and the grandest republic
on earth.

On Direct Primaries, at Glens Falls, N. Y., June 4, 1913.

" WHAT ARE YOU GOING TO DO ABOUT IT? "

Mr. Sulzer said in part :

' ' The people believe themselves as competent as the
bosses to nominate their legislators. They want this
right to nominate because they have so often found
members of the Legislature were not the faithful
agents of the people, but were subject both to boss
control and systematic bribery.

"All the arguments now used against the abolition
of State conventions have been used in opposition to
the direct election of United States Senators, but these
argunients have been vain against the rising tide of
progressive democracy.

' ' In my first message to the Legislature I said :
" ' We are pledged to the principle of direct
primaries, State-wide in their scope and character,
and I urge the adoption of such amendments to
our primary laws as will simplify the procedure
and make complete and perfect the direct primary
system of the State.'

" The Democratic platform of 1910 declared for
' State-wide ' direct primaries, and pledged the party
to ' adopt such amendments to the existing law as will
perfect the direct primary System. '

'''' ■" -■■ Addresses 1399

" The electors of 'the State understood the words
' State-wide direct primaries ' to meaii direct primaries
applied to the nomination of State officers. Demo-
cratic campaign speeches and the newspapers which
supported our ticket so interpreted these words.

' ' Let us not ddceive ourselves, and let us not try to
deceive the people; the plain fact is, that in our pri-
mary reform legislation we, in New York State, have
left off our work just where the people expected us to
begin.

" By not making Our direct primary law apfjly
directly to the nomination of State officers we have
continued the delega,te system in the particular field
in which it has proven the most unsatisfactory to the
people.

' ' I am now, always have been, and always will be
in favor of carrying out our platform pledges to the
letter. The best way to strengthen a political party
is to keep the faith. I want to restore to the people of
the Stat(3 the complete control of their State govern-
ment; to afford the voters of the State the freest ex-
pression of their choice of candidates for public office ;
and I believe that our ' State-Avide ' direct primary
bill embraces an honest, a sincere, a comprehensive
and a practical plan for these accomplishments.

" Besides, I consider that our ' State-wide ' direct
primary bill is an absolutely nonpartisan measure,
which faithfully reproduces, and Avill substantially
carry into jjractice, the pledges of the three great
political parties concerned in the last State election.

* ' There are only two kinds of primaries — direct
and indirect^ The latter constitutes the reactionary
delegate system; the former constitutes the present
progressive system. There are no two ways about it.
The principle admits of lio debate and no compromise.

3400 Public Papers of Goveknoe Sulzee

I am for the direct system. I want the people to
nominate because I want the people to rule. The
power to nominate is the power to control. Do not
forget that.

' ' To have direct primaries and to have State con-
ventions is impossible. Direct primaries have been
devised by the friends of good government to permit
the people to nominate their officers directly without
the intermediary of delegates, and as, of course, you
cannot have State conventions without delegates,, it
follows that State conventions must go and honest
direct primaries must come. There is no middle
ground. There can be no compromise. , Those who
want to compromise are against us. You cannot com-
promise a principle.

" It is self-evident to me that if the people are com-
petent to directly elect their public officials they are
also competent to directly nominate these officials.

"If it is important for minor officers to be nomi-
nated by the people, it is still more important that the
people be given the power to nominate candidates for
United States Senator and for Governor. That if
special interests seek to control public affairs for the
promotion of their selfish ends through the manipula-
tion of party conventions, the plain people should seek
to do the same thing by taking in their own hands the
right to nominate directly these important officials.

" The adoption of Stato-^^'ide direct primaries, and
the abolition of State conventions, is in no sense an
abandonment of the priuciple of representative gov-
ernment, but on the contrary it is a protest against the
perversion of representative government.

" Under direct primaries the people will govern
themselves, through representatives, but through rep-
resentatives selected by themselves. Representative

Addresses 1401

government is only made actual when the power to
name candidates is taken away from the political
bosses, and placed in the hands of the voters of the
political party.

" That the people of our State are determined to
have no intermediary between themselves and their
public servants has been shown by the adoption, in
New York, of the seventeenth amendment to the Fed-
eral Constitution, under which the people have taken
from the Legislature the right to elect United States
Senators.

" This people are now demanding a new declaration
of political independence to the aid of which they are
pledging their most earnest efforts to bring their rep-
resentatives in the Legislature to the support of our
direct primary bill, which will establish conditions
under which in things political every man shall coimt
for one, Tind no man shall count for more than one.

' ' The changes wliich I advocate in onr primary law
are in harmony with the spirit of the times and of
democratic institutions. They aim to restore to the
people the rights and the privileges which have been
usurp-ed by the few, for the benefit of invisible powers
which aim to control govenmiental officials, to pass
laws, to prevent the passage of other laws, and to
violate laws with impunity. To these invisible powers
I am now, always have been, and always will be
opposed.

" No government can be free that does not allow
all its citizens to participate in the formation and the
execution of its laws. Every other government is a
mere form of despotism. The political history of the
ages illustrates the truth that under the forms of dem-
ocratic government popular control may be destroyed,

M02 Public Papers op Governor Sulzer

and corrupt influences, through invisible political
power, establish a veritable despotism.

" Tweed used to say that he cared not who elected
the officials so long as he could nominate them. Do
you know why? Because the power to nominate
officials is the power to control these, officials when they
go into office. That is all there is to it^ — and that is
the reason the bosses want to keep this power to nomi-
nate. The power to nominate is what makes the boss.
Every political boss in the State is against direct, pri-
maries. Do not forget that. ,,,; ,.

" Tweed was a boss. You remember he, challenged
the right of the people to have good government:.
With brazen audacity he defied the voters and said :
' What are you going to do about it? ' You know the
answer. Have the little Boss Tweeds so soon for-
gotten the tragic end of Big Boss Tweed? It is an
old saying that history repeats itself.

"If it is wise to trust the people with the power
to nominate some public officers, I am sure it is just
as wise to trust them with the power to nominate all
public officers. I believe it is as wise to trust them
to nominate a Governor as to trust them to nominate
a constable, and as wise to trust them to, nominate a
judge of the Court of Appeals as to trust them to
nominate a justice of the peace.

" The people have been trusted with this power in
many other States, and they have used it to bring about
greatly improved conditions. Let the Empire State
put itself in line with the foremost States in all the
Union, by favoring nominations by the people, for thus
only can we secure a government of the people,

" So if any one tells you that a direct primary law
is not a good thing, you deny it, and point to what

Addbesses 1403

other States have done through the agency of this
beneficent system.

" No man fears direct primaries, except a man
whose character, and whose ability, and whose men-
tality cannot bear the searchlight of publicity. No
man fears direct primaries, unless he wants to be the
creature of invisible government rather than the serv-
ant of popular government.

' ' Our State-wide direct primary bill is a good meas-
ure. I am for it. My friends are for it. The plat-
form of every party is for it. fs'On this issue there is
no middle ground. The Democrats of the State must
stand with their Democratic Governor for direct pri-
maries, or they have got to be against the Democratic
Party. .Let ever}^ Democrat decide. All my life • 1
have fought for the right; for the truth; for simple
justice, and for humanity. I shall not change now.

' ' When" I make a promise to the people I keep it, or
I frankly tell the people why I cannot keep it. When
my party makes a promise to the people, I want my
party to keep the promise, or I want the people to
know the reason why.

* ' Let us keep the faith. That is where I stand, and
I will stand there to the end. " If any man is against
me in my determination to keep the faith, I rriust of
necessity be against him.

"It is all very simple to me. If any Democrat in
this State is against the Democratic State platform,
that man is no true Democrat; and as the Democratic
Grovernor of the State I shall do everything in rny
power to driye that recreant Democrat out of the
councils of the Democratic party.

" The record will show that for years I have been
a consistent a.dvopate of genuine direct primaries, and

1404 Public Papers of Goveknoe Sulzek

I firmly believe that the enactment into law of a State-
wide direct primary bill, along the lines of the measure
M^e prepared, and introduced in the Legislature, will
accomplish what the voters desire, and reflect greater
credit on the members of the present Legislature than
the passage of any other act that can be presented for
consideration of its members this year.

' ' Let us be honest with the voters and keep our
pledges to the people. At all events, as the Governor,
I shall, and if the Legislature does not, I want the
voters to know the reason why.

' ' When we consider the waste, the extravagance,
the inefficiency, and the corruption, which have re-
cently been brought to light in connection with the
administration of public affairs in our State, and
which are the causes of painful humiliation to every
thoughtful and patriotic citizen, all due, in no small
degree, to the fact that in recent years political power
has been gradually slipjjing away from the people who
should always control it and wield it, there can be no
doubt as to the necessity of this legislation and as to
our duty in this all-important matter.

' ' Every intelligent citizen is aware that those who
subvert the government to their personal advantage
have found their greatest opportunities to do so
through the adroit and skillful manipulation of our
system of political conventions. It must cease or our
free institutions are doomed.

" This is a struggle to restore the government to
the people. The cause is their cause. I will lead
where any man Avill follow, and I will follow where
any man Avill lead.

" The voters of the State, however, must now see
to it that the men they have sent to the Senate, and
the Assembly, keep their promises, and in the extra

Addresses 1405

session vote for our direct primary bill, or never hope
again for political preferment.

' ' In the recent session of the Legislature the bosses
told the people's representatives to beat our direct
primary bill. In the extra session of the Legislature,
called by me, and soon to convene, I want the voters
who elected the Senators, and the Assemblymen, to
tell them to vote for our primary bill, as they direct,
and not as the political bosses misdirect.

' ' Instruct your , representatives in the Legislature
what your wishes are in this matter. Tell them what
you want them to do about our bill for direct pri-
maries, and rest assured they will not dare to cheat
you again.

" If the voters in each Assembly and Senatorial dis-
trict will do their duty for the next few weeks the
direct primary bill will be passed in the extra session
of the Legislature and success will crown our effort —
but every voter must do his duty. ' '

Speech on the Steps of the Courthouse, Catskill, N. Y.,
the evening of June 6, 1913.

Governor Sulzer said:

My friends, it is a great pleasure for me to be with
you to-night. I thank you for your cordial greeting.

It is also gratifying to be introduced to you by the
Democratic leader of old Greene county, my friend
George Van Valkenburg.

I speak here in the shadow of your courthouse — this
temple of justice — and if I represent anything ; if I
stand for anything ; if I believe in anything ; it is what
this building typifies — justice — for justice.

"All places a temple.
And all seasons Summer."

J 406 Public Papers of Govbenor Sxjlzeb

That is all I want, that is all anybody wants. That
is all anybody should have; but some people don't
want justice.

I came here to-night to speak on direct primaries.
I have just finished my speech in the opera house andl
am glad to come here and say a few words to this over-
flow meeting about the subject.

You remember when I was a candidate for Grovernor
last fall I told the voters that if I were elected I should
be the Grovernor of all the people ; and that no influence
would control me but the dictates of my own con-
science, and my determination to do my duty as God
gives me the light to see the right.

I told the people that I never had a boss and thai I
never would have a boss ; that the only boss I ever had
during all my political career. — during the five years
I was in the Legislature, and during the eighteen years
I was in Congress — was the boss under my own hat.
That is true.

I know that many people in the campaign doubted the
sincerity of my campaign speeches, but there was one
man in the State of New York who never doubted the
sincerity of those speeches, and that is the man who
is now the Governor of the State of New York.

I meant what I siaid to you last fall ; I mean what I
say to you now; and I always will mean what I say.
I have the courage' to say what I mean and mean what
I say.

When I became Governor I thought that the work
would 1)0 easy; but I assure you that ever since I took
the oath of office I have had many trials and much
tribulation — just because I Avanted to do right; just
because I wanted to keep the faith; just because I
wanted to do my duty and stand by the people.

Addresses ,/'I -i > 1^07

I am sorry to say there are: men high in the councils
of my own , party who are putting every obstacle in
my way. Why? Simply because I will not do what
these political bosses want me to do. If I did all they
asked me to do I would lose my self respect, and I
would rather have that and the approval of my own
conscience than any political office in Ajmerica.

As the Governor, I made up my mind that, it was my
duty to do everything I could for all the people.

And that among the things I should do was to carry
out the promises made by my party in its platform. I
stood squarely on that platform during the campaign.
I promised the things in that platform to the people
of the State. I was elected on that platform and I
would not be true to myself, and I would not be true
to my party, if I did not do everything in my power to
faithfully carry out, the promises the Democratic
party made to the people in the last campaign.

That is all I want to do. You would think that was
so simple and so honest that everybody would be in
favor of it. But the political bosses it seems are vej y
much against it. When they found out that I intended
to be honest they served notice on me that they would
do everything in their power to destroy me politically
and to make my administration a failure, I am fight-
ing them now and they know it.

I could tell you a long story about the troubles I am
having as Governor at Albany, but it is late and I want
to talk to you briefly about direct primaries.

One of the things the democrats promised in their
platform was direct primaries, and they said " State-
wide ' ' at that. We promised you that we would per-
fect the direct primary system. What did we mean by
that? I think T understand the meaning of words in

1408 Public Papers ov Governor Sulzer

the English langaiage. I have been a student all my
life. I talk the language pretty well, and read it a
little better.

I made speeches for direct primaries all over this
State last fall. The newspaper men who went around
with me in that campaign said I made more speeches
and talked to more people in that campaign than any
other candidate for political office in all the history
of the State.

I told the voters that State-wide direct primaries
meant that they should Irave the right to nominate all
candidates for public office. Nobody disputed that
when I was a candidate. People took it for granted.
However, when I became Governor, I asked the Legis-
lature to pass a bill for direct primaries. Do you
suppose the members of the Legislature would do it ?
Not at all. They didn't want to give you this right.
The bosses were against it. The members of the Legis-
lature said they would pass a bill to let you nominate
a constable, but they would never think of letting you
nominate a Governor. They might let you nominate,
they said, if you w^ere very good, a justice of the peace,
but they would never let you nominate a judge of the
Supreme Court.

You know I sent several messages to the Legislature
about direct primaries. The Legislature passed the
Blauvelt bill — a bad measure — and I vetoed it.
Then I sent to the Legislature a bill which was a good,
honest, practical, comprehensive bill for direct pri-
maries, and the Legislature defeated it. How did the
members beat it? The democrats caucused against it,
and tile republicans caucused against it. think of that
- — two parties caucused to beat one bill. It is the
first time in the parliamentary history of the world

, Adbkessbs 1 ! , 1409

that two opposing political .parties ever caucused
against a bill. , That -act will stand out for all the
yeai-s to come as a precedent of what bi-partisan boss-
ridden government will do to accomplish its purpose.

.After: the bill was beaten they thought it was all
over. ■.!, tqld them, however,^ that the fight for direct
nominations had only begun. They realizej that now.
So I have convened the Legislature in extraordinary
session and I am going to make .another effort to- get
our bill for direct primaries ithrough, and I will fight
for this reform along these lines if it 'takes alLsummer,

When the bosses told me they would make my ad-
ministration a failure unless I stopped fighting for
direct nominations, I i answered that whenever they at-
tempted to -thwart me in the determination to do my
duty in this matter I would appeal to the people.
Hence ever since the Legislature adjourned I hgjve been
appealing to the people to get their judgment on this
proposition. , , , i , : , i

Let me explain to you in a few truthful words just
what direct primaries mean and will accomplish.
Political econoniists tell us that there are two kinds of
taxes -r- direct and indirect; so I tell you there are two
kinds of primaries ^-direct and indirect primaries.

You can't be for both, you must be for direct pri-
maries, or you must be for indireCti primaries* Direct
primaries are the new, honest, up to date, progressive
kind of primaries, by which the voters nominate the
candidates themselves. Indirect primaries are the
present kind, the bosses' kind, the delegate system, by
which &.e bosses nominate the candidates instead of
the voters. ' ; : ,;

If you are in favor of nominating the candidates
yourself j you will be for direct primaries ; if you are
45

1410 Public Papeks op Goveenob Sulzek

in favor of the bosses continuing to nominate the caindi-
dates you will be against direct primaries.

Boss Tweed used to say that he cared not whom the
voters elected to office so long as he could nominate
them. Why did Boss Tweed say that? I will tell you
why. Because the power to nominate is the power to
control. The men who nominate the candidates are the
men who control these candidates after they get into
office. That is as plain as the nose on your face.
Everybody that knows the difference between a hawk
and a hand-saw knows tha;t. The power of the boss is
based on this right to nominate the candidate for pub-
lic office.

Take away this power of the boss to nominate can-
didates for office and the bosses' power is " whistled
down the wind,'' and you will hear little more about
bosses in the politics in the State of New York.

You remember Boss Tweed was a very arrogant
boss. He laughed in the faces of the people. He spat
upon their constitutional rights. With brazen ef-
frontery, he inquired, " what are you going to do about
it? " You know what the people did about it. You
are familiar with history. Have the little boss Tweeds
so soon forgotten the fate of big boss Tweed? Let the
little boss Tweeds remember it is an old saying that
history repeats itself.

No man who trusts the people need have any fear of
direct primaries. Only the men who do not trust the
people fear direct primaries. No man who believes in
the people is afraid of direct primaries. Only the few
who fear the voters are against direct pripiaries. No
man need be afraid of direct primaries whose ability,
whose character, and whose intelligence can stand the
searchlight of publicity. No man need dread direct

AWDBESSES 1411

prinjaries whptli^ants to be tlie servant of the people
instead of, the servile tool of ^h.e bosses. No man need
be afraid of direct prinaaries who wants to honestly
serve the visible government instead of being the
QiUiescent puppet of the invisible government.

The Governor is the visible Government of the State
of New York by the votgs of the people of the State.
I owe my position to the people and I am going to be
true to the people just so long as I am the Governor.
Who is against the visible government of the State
of New York as constituted by our laws? The invis-
ible government. Who constitutes the invisible gov-
ernment?. Why, the bosses. Two men out of ten mil-
lions of people. Just two men out of a million and a
half of voters — Mr. Barnes in Albany, the Republican
boss, and Mr. Murphy in Delmonico's, the Democratic
boss,,

Whom do you want me to serve as the Governor?
These two men or the people of the State ? That is the
question for you to think over. This is the question for
you to answer. Do you want me to serve the people?
Then you, the people, will be with me. If you want
me to serve the bosses then you will be against me in
my fight to restore the government of the State to the
people of the State.

That is what this fight for direct nominations means.
It is a struggle to restore the government of the people
to the people. The cause is the cause of the people. In
this battle I will lead where any man will follow, and
I will follow where any man will lead.

My friends you know I am fighting your battle ifor
your rights. I have no vanity in the matter, I would
not have to go through the State making these appeals
to the people, if I wanted to take things easy and be

1412 Public Papees of Gtovbbnor Sulzeb

a proxy Governor. If I would do what the bosses ask
me to do, I could have all the leisure and 'all the lux-
uries I want; aiid be praised to the sMes by the
political bosses arid their henchmen. I will not bow
the knee to Mammon, I shall not worship at the shrine
of Baal. No man can get me to do what I do not beliieve
is right. I will not do it because all my life I haye been
honest and faithful to the cause' of the masses. When
I cannot be honest in politics I am going to get out of
politics. I know honesty in politics' wiir succeed just
the same as I know that honesty in business is the beSt
policy.

' This fight for direct primaries is a simple thing.
Any child can understand it. All that it means is jttst
this : Direct primaries mean that thie voters shall nom-
inate the fcandidates f or public office and not the bosses.

The friends of direct nominations declare, and we
challenge successful contradiction, that the voters of
New York are just as capable of nominating candidates
for public office as Mr. Barnes or Mr. Murphy; Any
man who denies that proposition ifisults the intelli-
gence of the voters of the first State in the Union:

It is enough to bring the blush of shame to the face
of any respectable citizen to have these political bosses
say to the voters we will let you nominate a fiew of the
candidates for the little offices, but we must nominate
for all the big offices. They say yOu have not the brains
to make the big nominations --^ that is their business.
The bosses know how to nominate. The bosses have
had the experience.

^ The question now before every voter in the State of
New York is do you warit to nominate the candidates,
or do you want the bosses to nominate. If you want
to nominate all the candidates then you will be for di-
rect primaries, that is all there is to it.

AiJdbbssbs 1413

My friends we ar« going to win this figM for good
government. There has never been a movement in
the history of this country to give more power to the
people that it has not ultimately succeeded. The adop-
tion of every amendment to the Federal Constitution
during the past one hundred years proves that if it
proves anything.

Only .recently we have adopted the amendment to
the Federal Constitution to elect Senators in Con-
gress by the people. It took a great many years to
bring that reform about. The first thing I did when 1
went to Congress, eighteen years ago, was to intro-
duce that resolution to amend the Federal Constitu-
tion to give the people the right to elect their United
States Senators. I fought for it until the battle was
won. I thought the people could elect United States
Senators just as well as the bosses. It took eighteen
years to pass that resolution, but it is now a part of
the Federal Constitution and every United States
Senator hereafter must be elected by the people.
; So as Governor I have taken up this cause of direct
primaries. I shall fight it out until the people win. It
is one of the great reforms to-day in our country. It
will succeed in our State as it has in qthers.

The people have direct primaries now in thirty-nine
States; and in every State where they have it they tell
me it works well, and there is no attempt being made
by anybody to repeal the law.

If it works so well in alLithese thirty-nine States
don't you think it will work just as well in the State
of New York? Are not the voters of the State of
New York just as capable of nominating candidates
for public office as people in Ohio, or Massachusetts,

1414 Public Papers of Govbknob Sulzer

or Indiana, or New Jersey, or Illinois ? Of course they
are. Any other conclusion is an indictment against
our intelligence.

Let me say to you that direct primaries are just as
sure to come in our State as the sun is to rise to-morrow
morning, and when we get this reform the government
of the State, to a very large extent, will be restored to
the people, and they will then control it. They should
control it, to drive out the grafters.

It is a matter of much regret to me that your as-
semblyman voted against our direct primary bill. Do
not hiss. He voted for the Hinman-Greene bill when
Mr. Hughes was Governor. He voted for the Burd-
Warren bill when Mr. Dix was Governor. Those two
bills were very similar to our bill. They both abolish
State conventions. How Mr. Patrie could vote for
those two bills, and then vote against Our direct pri-
mary bill is beyond my ken. Suppose you ask him to
explain.

Do not misunderstand me. I am a friend of your
assemblyman. I am not here to denounce him. I want
him to vote right — to vote for you — that's all — and
certainly he should be grateful to me for gettihg him
in line with the wishes of his constituents.

I want to ask you to vote on the proposition. All in
favor of direct nominations — of nominating the can-
didates yourself say "Aye." (Loud shouts " aye.")

Those in favor of the bosses nominating the candi-
dates now say " aye." (There was no response.)

It is unanimous for direct nominations.- I congratu-
late you. I am going back to the hotel when I leave you
to tell Mr. Patrie that the sentiment in Greene county
for direct primaries is unanimous.

Everybody in the theater voted the same way for

' '■' Addresses 1415

direct primaries. Out here in front of tlie courtliouse
every man has voted for direct primaries. " '

(A voice : "So will Mr. Patrie. ",) •

I hope so., Nothing will gratify me more ^an to
have Mr. Patrie support our bill. ; I believe he wants
to do right. I think, he wants to stand by the rank and
file, and. do^what he can for the general welfare.

Now, my friends, I have, won my case. I have won
it in front of the courthouse instead of in the court-
house. I came here ito plead with you for this cause of
the pieople, to restore to the people the government;
for this cause of direct primaries ; and after presenting
the case, in the good old , fashioned way, you have
unanimously indorsed my position and voted to a man
in favor of our bill for direct nominations.

Now, friends,, I thank you. I certainly appreciate
th^ compliment of your attendance here, and the inter-
est you have manifested in. all I have said, I shall leave
this beautiful village, ne^tling in your wonderful moun-
tains, with feelings of pride, and the ponsciousness that
the voters here, whesre the air is so pure, and where
man ought, to be free, are jwith me in my struggle to
do right; are with me in my effort to do my duty; are
with me in my desire to restore the government of the
State of New York to ,the people to govern for their
own bes,t interests. ,,,, .

., Do not forget that if you have bad government, the
fault is yours. If you want good government you ca|i
have it, but, to get it, you must do your duty as good
citizens, Eemember — this is your fight. Eemember
— i:^ our bill for direct primaries is again beaten, you
are beaten. Do noiforget that the cause is your cause ;
that the fight is your fight ; and that when the battl^e i^
won the victory will be yours — yours for all the
years to come.

1416 Public Papers of GtoVebnoe Stjlzeb

On Direct Primaries, Stapleton, N. Y., May 30, 1913.

Governor Sulzer in Ms speech said, in part.'
In all of the thirty-nine Sitates where they have had
direct primaries they have worked well, and thos«
states send to the Congress of the United States the
ablest representatives there are in the Senate or in
the House of Representatives. ' They have able legis-
lators at home, they have high types of State officers,
they have the men to the forefront in public life that
dominate the free institutions of America, while the
State of New York sends to national convefntions and
to State conventions wax figures --- wax figures voted
by one man.

Two Kinds of Peimabies.

What are direct primaries? Political economists
tell us that there are two kinds of taxes, direct aiid
indirect, so I tell you that there are two kiiids of pri-
maries — direct and indirect. '

Indirect primaries are those like we have noH^, and
they are very indirect. Indirect primaries are thfe
best kind of primaries for the bosses to nominate the
candidates for office. Direct primaries are the people 's
kind, the progressive kind, ihe popular kind, where the
voters, instead of the bosses, nominate the candidates
themselves. Th^t is the whole question summed up in
a nutshell.

There are just two kinds of primaries, the boss kind
and the people 's kind. If you are for the bosses' kind,
then you will be for the kind we have how. If 'you' are
for the people's kind, then you will be for the kind I am
trying to give you.

Addresses 1417

'The People Want It.

You would think all the voters would be in favor of
this power to nominate candidates. My judgment is',
froha the trips I have) made around the State, that
about nine hundred and ninety-nine per cent, of the
voters are in favor of nominating the canc^dates, and
that being so you would think it would be easy to get
it. But you were never more mistaken in your life.
This is the hardest thing you ever tried to geit, and
when you get it you willbe able to open the door to all
the other reforms you want, and until you do get it you
cannot be free and you oaniiot get reforms you want,
because you lack the key that opens the door of oppor-
tunity.

Why can't ybu get direct pfrimaries so that you shall
have the right to nOiilinate candidates for public office^
instead of a Eepublican boss at Albany and a Demo-
cratic boss in New York doing that for you? Why is
it that a million and a half voters in the State of New
York haven't as much to say to-day in the politics of
this State as two men in the State of New York? Why
is it? Simply because you do not have this power
to nominate. The bosses have it, and having it they
control, and you cannot control until you get it. I
want you to get it and I am fighting your battle so that
you will get it.

Hughes ; LqsT by Quitting.
They say they will b^at me, as they beat, Governor
Hughes, but I answer that I do not believe two men in
the State of New York can beat a million and a half
voters. However, I am going to test it, and if a million
and a half men can be beaten by two men I am going
to quit the game. Hughes would have won if he h^d
stuck, but he did not stick. I a^ going tO; istick.: ;

1418 Public Papees of .UoyEBNOB Sulzeb

We are going to win just as sure as the sun rises to-
morrow morning. There never was a political boss,
there never yvas a man in public ojEce so strong, so pop-
ular, so able, so astute tbat he could beat public opiur
ion, and public opinion is rising higher a-rid, higher
every day in favor of this cause to restore the govern-
ment of the State pf New York to the people.

Boss Tweed used to siay that the people could ;elect
anybody they wanted to public office so long as he
nominated them. Why did Boss Tweed say that? Be-
cause he knew that if he nominated the candidate and
you elected- the candidate that he would own the candi-
date when he got into office, and whatever he told liim
to do he would do it, and through that system, which
is the system of to-day, Tweed was a boss.. Through
that system., which is the system of to-day, Barnes is
a boss. Through that system, which is the system of
to-day. Murphy is a boss,.

Pbimaeies Now a Faece.

Our primaries to-day are a farce. We have no pri-
maries. We have the most disgraceful primary law
of any State in the Union. I am ashamed of it. ; I say
that advisedly and as the Governor of the State. AH
winter long I pleaded with members of the Legislature
to make good in this matter, to keep the faith, to carry
out the pledges.

Under the domination of the bosses the Legislature
handed Governor Dix the fraudulent Levy bill. You
know all about that.^ They handed him the fraudulent
Levy bill and he signed it. There is where he made a
mistake.

This year the legislators talked among themselves,
and then they heard from the bosses, and then wrote
the Blauvelt bill, and one of the members brought it

Addbesses 1419

down to me to look over. I took it home and read it
over and I brought it back the next morning and I said
that will not do, that is a fake. I am against it; don't
pass it.

The Blauvelt Bill.

Then I wrote my message and sent it to the Legis-
lature, telling them just what kind of a primary bill I
thought they ought to pass. Instead of heeding what
I said in my message they rushed through both
branches of the Legislature Mr. Blauvelt's bill. I
knew it was Coming. As soon as I got it I vetoed it
and I did not mince my "W'ords in that veto message,
and everybody that knows the difference between
tweedle-dee and tweedle-diim knows that every word I
put in that veto message about Mr. Blauvelt's bill was
absolutely true.

Theii I called a conference of the ablest men in the
Democratic party, and the ablest men in the Repub-
lican party, and the ablest men in the Progressive
party. I invited them to come down to the People's
House and prepare a biU that would substantially com-
ply with the pledges of the three political platforms.
We prepared our jjill very carefully. We had it intro-
duced in the Legislature, and I thought it would pass.

Now I was innocent enough to think that, but to my
utter amazement something happened to that bill which
had never happened to any other bill in the history of
the world. The l30s&es served notice upon me that they,
would not stand for that bill, and that they would beat
it so badly it would be disgraced.

Both Bosses Wobked Togethee.
So they called tbe Democrats together in caucus and
the Deinocrats caucused to beat it. That you would
think would be enough. But they were not satisfied

1420 Public Papers op Goveenob Sulzeb

with that. This bi-partisan combination of Barnes
and Murphy were not satisfied with one party caucus-
ing to beat the bill, the Eepublicans caucused to beat it
— both parties in the Legislature.

I searched all through Hinds ' Precedents, and to my
astonishment there was not a single case in th^ history
of the world where two parties caucused to beat one
bill.

Notwithstanding that, however, this bill of ours, the
people's bill to restore the government to the people,
and give them the right to nominate candidates, got
eight votes in the Senate and forty-nine votes in the
Assembly.

How our bill ever got eight votes in the Senate and
forty-nine in the Assembly is beyond my comprehen-
sion. I take it as a tribute to the virtue of representa-
tive government when a bill that is caucused against
by two political parties can get that number of votes.
That is the; highest tribute to representative govern-
ment I know in this State.

Promises to Take off Their Hides.

After they beat the bill that way they all went around
with a chip on their shoulder laughing at the Gov-
ernor, telling how they had beaten the Governor and
how they had beaten his bill so badly it would never
be heard of again.

I am not looking for trouble, but I have a lot of
Scotch-Irish in me, and nobody has ever known me to
run away from a fight. I never attack anybody, but if
anybody attacks me I go at him as quickly as I can.
A few people up in Albany have found that out.

A few people down in Washington found that out
when I went down there. I am not looking for trouble.

Addresses 1421

I am not attacking anybody, but I warn all concerned
that if they attack me I will take their hide off and
hang it on the council rock;

When they beat this bill they thought it was all over.
I knew it had only commenced.

I want the members of the Legislature to be free
and independent and I am fighting, their battle. They
ought to be the best friends I have. If anybody should
try to make me free $,nd independent I would say he is
a friend jQf mine, but for some reason or other, because
I. am; trying to help the members of tihe, .Legislature to
become popular with their constituents some of them
resent it and say I am a dictaJ;or and an autocrat. Far
be it from me to be an autocrat. I am too well
grounded in being a Democrat. Far be it from me to
be a dictator. I am against all dictators. But what
a spectacle it is when these " echoes " iU the Legisla-
ttire say that about me while thfey know in their own
hearts, and nine-tenths of the people of the State know
it also, that they never do anything except by the or-
ders of Barnes in Albany and Murphy at Delmonico's.

Going to Pass the Bill.

We are going to have an extraordinary session of
the Liegislalture in Albany on the 16th of June, and we
are going to have this bill, this direct primary bill, to
consider again. I hope it will pass in the extraor-
dinary session. However, if it does not pass in the
extraordinary session, I know itiwill pass in the. next
regular session.

One election will settle the question of whether a
million and a half of voters have more influence in the
State' of New York than two voters.

But I am satisfied from what I know now- that we

3422 Public Papers op Goveenob Sulzbb

will pass this bill in the extraordinary session — that
is if the voters will do their duty between now and then
and see their representatives. You must see them
yourselves. Don't let Mr. Barnes see them, or Mr.
Somebody else. You see them.

You pass resolutions instructing your representa-
tive to vote for you. You tell your representatives
that you want to nominate 5 that you think you are just
as capable of nominating as Mr. Barnes or Mr.
Murphy. You appoint committees to visit them and
talk with them and explain things to them and tell
them what is going to happen if they don't do right.
And if you do your duty, and I do my duty, I am satis-
fied from what I know of human nature, that they will
do their duty.

Bosses Want to Compeomise.

Already they are coming around. Almost every day
some member tells me that he is sorry he voted against
the bill and he thinks th« next time he will vote for it.
He has been home.

Some of the bosses now who issued orders to beat
this bill are saying in manifestoes and through their
messengers that they are willing to compromise. They
say now that perhaps direct primaries will be a pretty
good, thing in homeopathic doses, but they don't think
it would be a good thing in allopathic doses.

In other words these bosses say now that perhaps
you are capable of nominating a constable, but you
ought not to think of nominating a State Treasurer.
They say that perhaps you have brains enough to nom-
inate a justice of the peace, but you certainly have not
progressed far enough to nominate a Judge of the Su-
preme Court. They say that if I will be very good and

Addeessbs 1423

stop talking th^'t perhaps they will compromise by let-
ting the voters no|ninate an alderman, bnt they never
■^ill consent, they say, to the abolition of the State conr
vention so that the million and a half voters of the
State pf New York will be able to noniinate State can-
didates. No, they will never consent to that, they say,
and that is really the only issue now.

I am going .to, keep on fighting to restore the gov-
ernment to the people and give the people the right to
nominate all candidates for ofiioe until that battle is
won.

You cannot compromise a principle. A principle
is eternal. . Any compromise or any straddl,e is evad-
ing the whple subjectTma,tter. , !i

The People Competent.

We friends of the people, we believers in this system
of direct primaries, assert, and we challenge successful
contradiction, that the electors of the State of New
York, the greatest State in the Union, are just as ca-
pable of nominating their public servants as they are
of electing them. Any refutation of that assertion by
any politician, by any legislator, by any political
leader, is an insult to your intelligence, and whoever
dbes insult your intelligence in that way — well, you
ought to know what to do with that recreant public
servant.

Daniel Webster used to say that it was the duty of a
representative to represent, and when he could not
represent the overwhelming sentiment of his constitu-
ents he ought to resign. Very few representatives
now resign. That is the reason the people are now
clamoring for the recall.

1424 Public Papers op GoiEBNOR Stjlzeb

Appeal to McKee and Blauvelt. • '■

I am very glad to have on this platform to-night ypur'
representative in the ^Issembly, Mr. McKee, and your
Senator froni this Senatorial , District, Senator Blau-
velt. Let nie say that both of th^se gentlemen are per-
sonal friends of niine. I would go a lohg way person-
ally to serve either one of theml They both belong to
my political party. They both ran on the same plat-
form that I ran on. They were both elected b^ 'Some
of the same constituents by whom I was elected. They
both voted against this direct primary bill. (Several
voices : Why?) One moment, let's be fair, I am a fair
man and I know you air are. I am sorry they did. I
believe that we are all born to err. ^' To err is human ;
to forgive, divine."

They have had the manhood to come here to-night
to greet me, and that is more than some other Senators
and Assemblymen will, do. I am not traducing th«m,
I am not abusing them; I am simply trying to do my
duty as I see my duty, and I find no fault with therd
whether they vote for me or whether they vote against
me. I find no fault with them whether they denounce
me or whether they applaud me, but I do find fault
when they listen to the telephone calls from New York
to thwart the Grovernor in his determination to do
right. , , , : ' i,

OVEEWHELMING PuBLIC SeNTIMENT.

Now I know something, and it is this : that every
Progressive in the State of New York is supporting
this cause; ninety per cent, of the Democratic news-
papers in the State of New York are supporting this
cause, and about seventy per cent, of the Republican
newspapers in the State of New York are supporting
this cause, and no newspaper in the State of New York

Addresses 1*425

dares tpjbe s^gainst the principles. Every newspaper
in the State of New York tha,t is against us wants to
compromise.

I know that every Progressive in the State of New
York is for this direct primary bill. I know that
ninety-five per cent, of the Democratic voters of the
State of New York are for the bill, and I know that at
least eighty-five per cent, of the Republican voters of
the State are for the bill.

Now, that is overwhelming public sentiment that a
man Who holds a representative position ought to listen
to.

Pleads With Mb. McKee.

To-night I plead with you as the Governor of this
State, I plead with you, Mr. McKee, arid I plead with
you, Senator Blauvelt, to bury vanity, to forget preju-
dice, to rise above personality — not to listen to the
telephone calls, but to listen to the dictates of con-
science — listen to the voice of the people — arid the
voice of God. — and meet me in Albany when the extra-
ordinary session of the Legislature begins and help
riie give the voters the power that belongs to the voters,
the power to nominate their oWn public servants.

Then you will earn the everlasting gratitude ^r- and
gratitude is the fairest flower that sheds its perfume
in the hunian heart — of the people of our State ; then
I will rise up and call you faithful servants, and if any
man tries to beat you for renomination and re-election
I will go into your districts and help you, and I know
I have some influence. And if — if — you will not
listen to your coristituerits, if you will not listen to me,
if you will not do what is right iri this matter, can you
blame riae, will you blame me, if I go into your districts
and do all in my power to defeat you for re-election?

1426 Public Papers or Goveenor Sulzer

Speech in Rochester, N. Y., June 11, 1913.
" THE POWER TO NOMINATE IS THE POWER TO CONTROL."

Mr. Sulzer said in part:

"All I am trying to do, as the Governor of the State,
is to keep the pledges of my party — to do right —
to keep the faith — and to give the people of the State
an honest, an efficient, and an economical administra-
tion of public affairs.

" The average citizen would naturally believe that
was the easiest thing to do, but I assure him it has
been the hardest thing for me to do.

" Ever since I have been the Governor every ob-
stacle has been placed in my way, by men high in the
counsels of my party, because I wanted to do wha,t
I believed was right, and what my party promised to
do.

" The Democratic platform of 1910 declared for
' State-wide ' direct primaries, but those who drew the
platform of 1912, realizing that the expectations of the
rank and file of party voters were not met by the legis-
lation of 1911 pledged the party to ' adopt such amend-
ments to the existing law as will perfect the direct pri-
mary system.'

" The electors of the State understood the words
' State-wide direct primaries ' to mean direct primaries
applied to all State nominations. Democratic cam-
paign speeches and the newspapers which supported
our ticket so interpreted these words.

" In my first message to the Legislature I said:
" ' We are pledged to direct primaries, State
wide in their scope and character, and I urge the
adoption of suqh amendments to our primary laws
as will make complete and perfect the direct pri-
mary system of the State.'

Addresses 1427

' ' Th^ people expected notMng less from us when we
declared for State-wide direct primaries, than the nom-
ination by the voters of all State officers, because it has
been demonstrated that under the convention system
the will of the people was iiot faithfully carried out in
the State conventions.

" Delegates to the State convention, when assem-
bled for action, have been found not properly respon-
sive to the sentiment of their constituents. They have
been found more anxious to carry out the wishes of
jiarty leaders than to carry out the wishes of the mass
of individtial party voters. Controlling political power
has not passed from the individual unit, in which it
should originate, up to the State convention. On the
contrary, controlling political power has originated
with certain political bosses who have usurped the
rights of party voters, and brought about nominations
which were desired by the bosses, but not demanded by
the voters.

"Do I need to cite that at the assembling of each
State convention the interesting questions have been,
how many delegates does this leader control, and how
many delegates does that leader control, and can such
and such groups of delegates be combined by backroom
manipulations to bring about certain desired nomina-
tions?

" Do i need to cite that State conventions have often
been known to nominate candidates who have never
been mentioned,, nor even thought of, by the rank and
file of party voters? Do I need to say that in such
cases delegates are not the representatives of the
voters, but the representatives of party leaders who
deserve the stigma of being called ' party bosses? ' Do
I need to say that boss-ruled conventions have become
a reproach to any political party?

1428 Public Papebs of Govebnoe Sulzeh

" The adoption of State-wide direct primaries, and
the abolition of State conventions, is in no sense an
abandonment of the principle of representative gov-
ernment, but on the contrary it is a protest against the
perversion of representative government,

" Under direct primaries the people will govern
themselves, through representatives^ but through rejp-
rese-atative^ ^elected hy themselves. That is why we
want the voters to nominate. Eepresentative govern-
ment is oply made actual when the power to name can-
didates is taken away from political bosses, or frojn,
groups of party leaders, and placed ia the hands of the
voters of the political party*

" That the voters are determined to have no inter-
mediary between themselves and their public servants
has been shown by the adoption of the seventeenth
amendment to the Federal Constitution, under which
the people have taken from the Legislature powers
previously delegated to them to elect tjnited States
Senators. , ,,

"The people believe themselves more competent,
than their legislators to elect Senators in Congress,
because they so often found members of the Liegisla-
ture were not the faithful agents of the people, but
were subject both to boss control and systematic bri-
bery. All the arguments now used against the aboli-
tion of State conventions have been used in opposition
to the direct election of United States Senators, but
these arguments have been vain against the rising tide
of progressive democracy.

"Let us not deceive ourselves; let us not try to
deceive the people ; the plain fact is, that in our pri-
mary reform legislation we, in New York State; have
left off our work just where the people expected us
to begin. By not making our direct primary liaw

Addhesses 1429

apply directly to the nomination of State officers we
have continued the delegate system in the particular
field in which it has proven the most unsatisfactory to
the people. • i^

" The sentiment in the State in favor of direct pri-
maries found its origin and growth principally in the
fact that under the established primary law the rank
and file of party voters were not able to control
their delegates when they assembled in the State
conventions. ;

" I am now, always have been, and always will be
in favor of carrying out, in letter and in spirit, our
platform pledges.

" The best way to strengthen a political party is to
keep the faith. I want to restore to the people of the
State the complete control of their State government;
to afford the voters of the State the freest expression
of their choice of candidates for public office; and I
believe that our ' State-wide ' direct primary bill em-
braces an honest, a sincere, a comprehensive and a
practical plan for these accomplishments;

" Besides, I consider that our ' State-wide ' direct
primary bill is an absolutely nonpartisan measure,
which faithfully reproduces, and will substantially
carry into practice, the pledges of the three great
political parties concerned in the last State election.

"There are only two kinds of primaries — direct
and indirect. The latter constitutes the reactionary
delegate system; the former constitutes the present
progressive system. I ain for the direct system.' I
want the people to nominate because I want the peo-
ple to rule. The power to nominate is the power to
control. Do not forget that.

■ "To have direct primaries and to have State con-
ventions is impossible. Direct primaries have been

1430 Public Papers of Goveenob Sulzeb

devised by the friends of good government to permit
the people to nominate their officers directly without
the intermediary of delegates, and as, of course, you
cannot have State conventions without delegates, it
follows that State conventions must go and honest
direct nominations must come. There is no middle
ground. There can be no compromise. Those who
want to compromise are against us. The principle ad-
mits of no legitimate debate. You cannot compromise
a principle.

" It is self-evident to me that if the people are com-
petent to directly elect their public officials they are
just as competent to directly nominate these officials.

"If it is important for minor officers to be nomi-
nated by the people, it is still more important that the
people be given the power to nominate candidates for
United States Senator and for Governor. That if
special interests seek to control public affairs for the
promotion of their selfish ends through the manipula-
tion of party conventions, the plain people should seek
to do the same thing by taking in their own hands the
right to nominate directly these more important
officials.

" The changes which we advocate in our primary
law are in harmony with the spirit of the times, and
will make for the perpetuation of our free institutions.
They aim to restore to the people the rights of the
many which have been usurped by the few, for the
benefit of invisible powers which aim to control gov-
ernmental officials, to pass laws, to prevent the pas-
sage of other laws, and to violate laws with impunity.
To these invisible powers I am now, always have been,
and always will be opposed.

" No government can be free that does not sLllow
all its citizens to participate in the formation and the

Ai!ppBSSEs 1431

execution of its, laws. Every other government is a
mere form of despotism. The politie^l history of the
world illustrates the truth that under the forms of
democratic government popular control may be de-:
stroyed, and corrupt influences, through invisible
political power, establish a veritable despotism.
, "Tweed,, used to say that he cared not who elected
the officials so long as he could nominate them. Do
you know why? Because the power to nominate
officials is the power to control these officials when they
go into, office. That is all there is to it — and that is
the reason the bosses want to keep this power to nomi-
nate., The power to nominate makes the boss. That
is the reason why every political boss in the State is
against direct nominations. Do not forget that.

" Tweed was a boss. You remember he challenge^
the, power of the people. With brazen audacity he
defied, the voters and said : ' What are yon going to
do about it? ' You know the ansAver. Have the little
Boss^A^eeds so soon forgotten the tragic fate of Big
Boss Tweed? It is an old saying that history repeats
itself.

' ' If it is wise ■. to trust the people with the power
to noi:^inate some public officers, I am sure it is just
as wise to trust them with the power to nominate all
public officers. I believe, it is as wise to trust them
to nominate a Governor as tp trust thein to nominate
a constable, and as wise to trust them to nominate a
judge of the Court: of Appeals as to trust them to
nominate a justice of the peace.

" The people have been trusted with this power in
many other States, and they have used it to bring
about good government and greatly improved condi-
tions. Let the Empire State put itself in line with the
foremost States in the Union, by favoring n,ominations

1432 Public Papees of G6veknok Sulzeb

by the people, for thus only can we secure a govern-
ment of the people.

" So if any one tells you that a direct nbroinations
law is not a good thing, you deny it, and point to what
other States have done through the agency of this
beneficent reform.

"No man fears direct primaries, except a man
whose character, and whose ability, and whose men-
tality cannot bear the searchlight of publicity. No
man fears direct primaries, unless he wants to be the
creature of invisible government rather than the serv-
ant of popular government.

" Our State-wide direct primary bill is a good meas-
ure. I am for it. My friends are for it. The plat-
form of nearly every party is for it. On this issue
there is no middle ground. The Democrats of the
State must stand with their Governor for direct pri-
maries, or they have got to be against the Democratic
platform. Let every Democrat decide. All my life I
have fought for the right; for the truth; for simple
justice, and for humanity. I shall not change now.

" What Democrat in our State is going to be false
to the platform, to be a traitor to the party, and to
desert me in the performance of my duty? In this
cause for direct primaries I have no fear of the ulti-
mate result. The people will win.

' ' I say deliberately to the party leaders of the State
that you have got to line up the representatives in the
Legislature, whom you control, to pass this honest,
this just, this fair, this nonpartisan State-wide direct
primary bill, to keep your pledges, or I will line up
the people against your representatives for their fail-
ure to be true to their pledges.

' ' When I make a promise to the people I keep it, or
I frankly tell the people why I cannot keep it. When
my party makes a promise to the people, I want my

V . Addresses . i ,, ,,, ;<: 1433

party to keep the promise, or I vant |t)ie people, to
know the reason why. ..

' ', Let ns keep the faith. That is where I stand, and
I will stand there to the end. If any man is against
me in my ideterinination to keep thp faith, I must of
necessity be against that man. . i m ; ;

" It is all very simple to '^■e- If ^W Tiemqcxat in
this State is against the I)em.ocratic platform, tha,t
man is no true I)p:pioerat ; and as. the Democratic Goy-
ernor of the State I shall do everything in my power
to drive that recreant Democrat out of the councils
of the Democratic party.

' ' The record will show that for years I have been
a consistent advocate of genuine direct primaries, and
I firmly believe that the enactment into law of a State-
wide direct primary bill, along the lines of the meas-
ure we prepared^ and introduced in the Legislature,
will accomplish what the voters desire, aiid reflect
greater credit on the members of the present Legis-
lature than the passage of ahy other act that can be
presented, for the consideration of its members this
year.

" Let- us be honest with the votters and keep bur
pledges to the people. At all events, as the Governor,
I shall, and if the Legislature does not, I want the
voters to know the reason why.

" When we consider the waste, the extravagance,
the inefficiency, and the corruption, which have re-
cently been brought to light in connection with the
administration of public affairs in our Statb, all
due, in no small degree,, to the fact that in recent years
political power has been gradually slipping away from
the people, who should always control it and wield it,
there can be no doubt as to the necessity of this legis-
latioh'and the duty of every voter in this all-important
matter.

1434 Public Papers of Governoe Sulzer

" Every intelligent citizen is aware that those who
subvert the government to their personal advantage
have found their greatest opportunities to do so
through the adroit iand skillful manipulation of our
system of political conventions. It must cease or our
free institutions are doomed.

" This is a struggle for good government — a fight to
restore the government to the people. The cause is
their cause. In this battle for direct nominations I will
lead where any man will follow, and I will follow where
any man will lead.

" The voters of the State, however, must now see
to it that the men they have sent to the Senate and
the Assembly, keep their promises, and in the extra
session vote for our direct primary bill, or never hope
again for political preferment.

' ' In the recent session of the Legislature the bosses
told the people's representatives to beat our direct
primary bill. In the extra session of the Legislature,
called by me, and soon to convene, I want the voters
who elected the Senators and the Assemblymen, to
tell them to vote. for our primary bill. Tell them that,
and tell them if they disobey your mandate for the
wishes of the bosses you will never vote for them again.

" Instruct your representatives in the Legislature
what your wishes are in this matter. Tell theji:^,wh'at
you want them to do about our bill for direct pri,-
maries, and rest assured they will not dare to cheat
you again.

' ' If the voters in each Assembly and Senatorial di^^
triot will do their duty for the next few days the di-
rect primary bill will be passed in the extra session of
the Legislature and success will crown our efforts —
but every voter must do his duty, and dp it now."

Addresses 1435

Address to Qame Protectors of the State in Annual Ses-
sion in the Assembly Chamber, Capitol, Albany,
N. Y„ June 11, 1913.

The Governor said:

The people of this State are the trustees of the future
generations. If they destroy anything animate or in-
animate unnecessarily, so as to deprive those who come
after them of their benefits, they are recreant of their
duty and false to their trust. That is the Alpha and
Omega of conservation. That idea has appealed to
toe since I was a boy on my father's farm. My father
taught me to love nature, to plant trees, to believe in
the beautiful, that there are sermons in stones and
books in running streams. If any living thing is killed
without good cause it is a crime against nature and
nature's God. I have been for the conservation of
God's things and man's things all my life.

Years ago I battled for a bill to preserve the Adiron-
dack forests from desolation. I passed that bill against
great influences. I also passed a bill for the protec-
tion of the Hudson watershed. AH the time I was in
Congress I fought to protect anitoal life. There is no
land more favored than the United States. "We have
made great progress alOng lines of conservation, and
I feel confident that in y'i^ars to come greater progress
will be made, in the law and in the hearts and brains
of the people! so that no one shall kill any living thing
except for food or as a specimen. That is the true
idea of the sportsman.

Let me thank you for the good work you are doing,
for huihanity, the State and future generations.

1436 Public Papebs op GoVebnob Sulzeb

Address at the Conference of Infant Welfare, Albany,
N. Y., June 12, 1913.

Governor Sulzer was invited "by the Conference of
Infant Welfare to its meeting in the Senate chamber,
and to deliver an address. A committee from the Con-
ference awaited upon the Governor and escorted him
to the . Senate chamber. The Governor was inamedi-
ately introduced by Doctor Porter, Commissioner . of
Health of the State of, New York. ;

The Governor spoke as follpw:s :

Doctor Porter, Ladies and Gentlemen. — I am very
glad to be with you this afternoon, because no one in
all our State takes a deeper interest in Infant Welfare
than I do.

You are to be congratulated on what you are doing
for the State; and, more than that, commended for
what you are doing for humanity; for, after aU, hu-
manity is the greatest thing in all the world. When
we grasp that idea it is easy to comprehend, its signifi-
canqe.

Not so very long ago, early lasit year, I was a guest
at a dinner in the White House. I sat alongside of
one pf the most distinguished ambassadors to our coun-
try. During the dinner he asked me what I considered
the greatest thing in the world? I answered " a
baby. ' ' That struck the diplomat as being rather odd,
aftd he inquired, why? Whereupon I asked him what
he considered the greatest thing in the world? He re-
plied, " the Taj Mahal."

Then I said ' ' oh, yes, ' ' the Taj Mahal is a bpautif ul
mausoleum built in India by a great Frenchman, but
remember that Frenchman was a baby once upon a
time!

Addeesses 1437

The ambassador looked at me and lie said " well,
that is so. You have given me a new idea." " YeS,"
I said, " and I will give you a greater idea, Mr. Am-
bassador. Do you know everything oh earth we love
and revere and admire, that is not the work of God,
is the work of man, or a woman, and that sometime or
other that man or that woman was a baby. ' '

So, my friends, after all, the greatest thing in all the
world is a baby; and all that we are, all that we have
been, and all that we hope to be, we owe to a baby —
grown up to m^hood or to womanhood.

They talk about conservation. I am a conservatioiiist
in season and out of season, all along the line, but the
greatest kind of conservation on darth is the conserva-
tion of child life.

On that depends the future; on that depends our
country; on that depends the hope of the world. Let
us not for'get these things. More than that, let us be
sure nobody else forgets them.

Hence, as the Governor, I thank you for all you are
doing — for the babies of our State. In a humble way
I am working along the same lines, and doing what I
can to carry out your views and your ideas.

To that end, not so long ago, I appointed a comniis-
sion of very eminent and distinguished citizens to look
into health matters, to study child welfare, in the State
of New York ; to report to me with recommendations
for suitable legislation, in order to remedy many
things that should never exist in the State, and to take
beed, by the lessons of the past for the great need of
the future.

That Health Commission, one of the best Commis-
sions, in my judgment, that ever met and worked, ac-
complished in a very few weeks, a remarkable amouiit

1438 Public Papers of GoyEBwoE Sulzeb

of goodj and gathered a large quantity of data and in-
formation regarding the whole subject-matter. What
it did was a revelation to me. Some of the data stag-
gered me, and I am not easily staggered.

I sejit that report, the testimony accompanying it,
and the l&w recommended, to the Legislature, and we
all helped to get the law passed through the Legisl^g,-
ture, and we succeeded, and the law is now upon the
statute books.

That Commission is entitled to the gratitude of all
our citizens, and with the help of its members, and
Doctor Porter, for whom I have a very high opinion,
and others, we hope to put into practice, in a very short
time, the tremendous agencies of this law to accom-
plish what you are talking about, and what you want
to accomplish, for the conservation of child life.

Let me tell you, and through you all concerned, that
over twenty-five thousand babies, under one year of
age, died in the State of New York in the year 1912.
Well known authorities estimate that at least half of
these deaths were preventable by known practicable
methods.

This question is great enough to all concerned for
the State of New York to undertake a systematic study
of the methods and means of prevention, and I believe
in the old saying, ' ' that an ounce of prevention is
worth a pound of cure. ' '

That Health Commission called, attention to the need
of work along these lines, and recommended that each
city with a population in excess of ten thousand, and
having an industrial population, should have one in-
fant welfare station, and that larger cities, with an in-
dustrial populatipn, should have one such welfare sta-
tion, for, approximately, each twenty thousand in-
habitants.

Addresses 1439

Under the law I mentioned it is now possible to more
accurately register births. This is a great step in ad-
vance, as New York State has been severely criticised
by the United States Census Bureau fot the inaccuracy
of its birth statistics.,,

With the knowledge of the infants born, and the lo-
cality of their birth, and the causes of death, each com-
munity should be able to secure through the, welfare
department:

First. — Instruction of mothers during prenatal
period.

Second.-— Competent att;endance in child-birth.

Third.— The encouragement of breast feeding.

Fourth. — Medical supervision of the child at stated
intervfijls, whether breast or bottle fed; and last but
not least, pure milk for infants for whoni maternal
nursing is impossible.

These are very important matters to the State. It
is a disgrace that we have not heretofore given this
subject the consideration to which it is entitled. To
that end I shall do all ih my power in the future, as in
ike past, to co-operate with you; to aid you in every
way I can ; to do everything that can be done for infant
welfare and the conservation of human life.

This is the very first duty of the commonwealth^ and
neglected all other things will go awry and be whistled
down the wind.

All honor and all credit to the splendid men ^nd the
good women hpre assembled for all they are doing for.
the State, for the future of the race, and for the grea,t;
ness and the glory of humanity.

1440 Public Papebs of CroyBKNOB Sulzbb

Address at the Thirteenth Annual Session of the Grand
Council of the United Commercial Travelers, Albany,
N. Y., June 13, 1913.

A committee from the United Gommerfeial Travelers
called on Grovernor Sulzer at the Executive Chamber
and escorted him to the Thirteenth Annual Session of
the Grand Council of the United Commercial Travel-
ers, being held in the Assembly Chamber in the
Capitol. ■ '

After being introduced, he spoke as follows :

My friends, I am very glad to be with you this morn-
ing, and to greet you, and to bid you welcome to 'the
Capitol of our State.

It is especially gratifying to me. to see in this as-
semblage so many beautiful women. That is an evi-
dence to me that the commercial travelers understand
their business.

It is" my observation that when the women are with
us we always win. If I had my way the worsen in our
State would have all the rights the men possess. It
will come too, just as sure as the sun will rise to-inpr-
row morning.

We know that the women are always for every good
cause ; for everything that is for the betterment of hu;
inanity; and for all that makes for good government.
God bless our good and noble, women. So long as the
patriotisin of man is as true as the fidelity of woman,
just so long will the free institutions of America sur-
vive and never perish from the earth.

I am an old and a true friend of the Commercial
Travelers. They have helped me in many ways, and
whenever I have been able to show appreciation for

Addsesses 1441

what they have done for me I have always been glad
to do so.

They say the first piece of legislation, ever enacted
in this State, for the Commer<;ial Travelers was writ-
ten upon the statute books by my pen. That is the law
for sanitary towels in hotels.,

I signed that bill with a good deal of gratification,
for two reasons : First, because I knew it would help
the Commercial Travelers, as well as other people who
frequent hotels; and, secondly, I remembered some-
thing that oeourred several years ago in a hotel in my
own Congressional district.

A man stopping at this hotel made a complaint to
the clerk about the filthy condition of the towel in the
general wash room. The clerk said: " Twenty-seven
men used that towel this morning and you are the first
man that has made a kick about it."

I believe cleanliness is next to Godliness.

The Commercial Travelers constitute a valuable in-
stitution, not only in our State, but throughout the
country. They are the advance agents of informa-
tion and prosperity. They travel here and there and
gather the news, and, in many instances, carry it
quicker and faster and better than some of the news-
papers. I would rather have the Commereial Travel-
ers carrying the news about me around the State than
some of these newspapers.

As a general thing the Commercial Traveler is a wise
and discreet man. He knows his business — and busi-
ness is busine»s with him. In order for him to suc-
ceed it is necessary for him to be a very good judg'e of.
human nature. It is better to be a good judge of
human nature than a good judge of books- There is
more to read in human nature than in books. All that
46

1442 Public Papers of Gtoveknok Sulzbr

is good in books is simply a reflection of what is good
in man and in woman; so the Commercial Traveler is
a traveling, perambulating, encyclopaedia of knowledge
of matters of local and general moment.

You never meet a Commercial Traveler on the train,
or in a hotel, or on the highway, but what you meet -a
good fellow who can tell a good story, and who can
give you more information about everything than the
local newspapers.

If I wanted to know all about a place, where I was
a stranger, and I could meet a Commercial Traveler,
nine times out of ten I would get all the information I
wanted.

The Commercial Traveler, as you readily under-
stand, must keep posted. That is a part of his busi-
ness. He must know. He illustrates the old saw that
" knowledge is power."

The Commercial Traveler, in order to succeed, must
convince the other fellow that he is right. To do that
he must overcome the natural conservatism of the great
majority, and eliminate local and business prejudices.
That is a very difficult thing to do. Hence the Com-
mercial Traveler who does it successfully is an illus-
tration of progress, and that is what we are all trying
to make — progress.

The Commercial Traveler is a good citizen; a good
man ; a good friend ; and a good husband. No one can
pay too high a tribute to his mentality, to his enthu-
siasm, to his wisdom, to his ability and to the way he
does things and gets results. I am glad to be here and
pay him this tribute.

It is my wish that your meeting will be successful
and productive of good results. I congratulate you
on coming to Albany. I hope your sojourn in our Cap-

Addresses 1443

italCity will be pleasant and I can assure you that the
people of Albany will do everything in their power to
make your stay as agreeable and enjoyable as
possible.

In conclusion, I bid you all good day, and wish you
success and God speed you in your deliberations.

Speech at Yonkers, New Rochelle, and White Plains,
N. Y., June 13, 1913

WHY DIRECT NOMINATIONS?

Mr. Sulzer said in part :

' ' The spirit of true Democracy is summed up in the
slogan ' Let the people rule.' They cannot rule until
they obtain a successful method of nominating the
candidates.

" New York State is one of the last States in the
Union to capitulate to the present-day demand for
popular rule in the nomination of candidates for all
public offices. It is bound to come in New York. The
fight is on, and the people are in earnest to secure this
salutary reform.

" The power of special privilege is making its last
stand in our State, but will be overthrown, and over-
thrown speedily, by a righteous public sentiment.

" Every day I am hearing from Senators and As-
semblymen who voted against our direct primary bill,
but who now assure me they will give it their support
at the coming special session of the Legislature, be-
cause they have learned since they returned home that
by voting against direct primaries, they misrepre-
sented the sentiment of their constituents.

" The widespread demand for direct primaries orig-

1444 Public Papers of Goveekor Sulzer

inated mainly from the scandalous failure of State
conventions to faithfully reflect the sentiment of the
voters. Again and again candidates having strong
support in State conventions have been set aside and
the Ijosses have brought' forward at the last iiioment
a dark-horse candidate and secured his nomination
through skillful political manipulations.

' ' There are only two kinds of primaries — direct
and indirect. The latter constitutes the reactionary
delegate system;' the former constitutes the present
progressive system. I am for the direct system. I
want the people to nominate because I want the people
to rule. .

" To have direct priaiaries and to ha-ve State con-
ventions is impossible. Direct primaries have been
devised by the friends of good government to permit
the people to nominate their officers directly without
the inteirmiediary of delegates, and as, of course, you
cannot have State conventions without delegates, it
follows that State conventions must go and honest
direct primaries must come. There is no middle
ground. There can be no compromise. Those who
want to compromise are against the voters. You can-
not compromise a principle.

'■ It is self-evident to me that if .the people are com-
petent to directly elect their public, officials they are
just as competent to directly nominate these officials.

"If it is important for minor officers to be nomi-
nated by the people, it is still more important that the
people be given the power to nominate candidates for
United States Senator and for Governor. That if
special interests seek to control public affairs for the
promotion of their selfish ends through the manipula-
tion of party conventions, the plain people should seek

Addresses 1445

to do the same thmg by taking in their owrf hands the
right to nominate direcftly these important officials.

* ' The truth is that the delegate system of nominat-
ing officers has completely broken down and proven
itself not only inadequate to carry out the wishes of
the people, but it has bex5ome an instrumentality
through which the powers of government are prosti-
tuted and brought under the dominion of unscrupulous
men seeking special privileges.

" The Democratic party, in the State of New York,
in its last State convention, declared in emphatic terms
for direct primaries — and State-wide at that.

"I believe it is my duty, as the Governor, elected on

> that platform to do everything in my power to carry

out this solemn pledge. Every official in the State

elected on that platform should uphold my efforts to

redeem the pledge, and keep faith with the voters.

" So far as I am concerned there will be no step
backward. I am in the fight to stay, and to the end.
Hence I urge every honest man in the State who be-
lieves in fair play, who wants to keep good faith, and
who favors redeeming solemn party promises, to aid
me in the struggle.

" We will win in the end. The leading newspapers
of the State; seven-tenths of the voters of the State,
regardless of party affiliations ; and the overwhelming
popular sentiment of the people, are behind the cause
for direct nominations and are with me in the fight for
the legislation.

' ' Let me tell you briefly just what our direct pri-
mary bill accomplishes:

' ' 1.' All party candidates for public offices, except
town, village and school district offices, are to be nomi^
nated directly by the enrolled party voters at an official
primary.

1446 Public Papers of Goveknoe Sulzeb

"2. A State committee of 150. members, one from
each Assembly district, and a county committee for
each county, to be elected directly by the enrolled
party voters at the official primary.

" 3. All party candidates to be voted for in the
official primary to be by petition only, just the same
as independent candidates.

" 4. Every nominating petition to contain the ap-
pointment of a committee for filling vacancies on the
official primary ballot.

' ' 5. Candidates to be arranged on the official pri-
mary ballot under the title to the office. Order of
arrangement to be determined in each group by lot,
by the commissioners of election, in the presence of
the candidates or their representatives. All emblems
on the primary ballot abolished.

"6. The nimaber of enrolled party voters required
to sign a nominating petition to be fixed by a per-
centage of the party vote for Governor at the last
preceding election.

" 7. The official primary district is made identical
with the election district, and primaries of all parties
to be held at the same polling place, conducted by the
election officers.

' ' 8. Each party to have a ' Party Council ' to frame
a platform ; such Council to consist of the party candi-
dates for office to be voted for by the State at large ;
party Congressmen, and party United States Sen-
ators; candidates for the Senate and Assembly and
members of the State committee.

' ' 9. Election of United States Senators by the peo-
ple provided for in accordance with the recent con-
stitutional amendment. Nominations to be made at
official primary in the same manner as for the office
of Governor.

Addresses 1447

' ' 10. Eegistration days in the country reduced from
four to two, and registration in the country by affidavit
required where voter does not appear personally.

" 11. Boards of election in counties having less than
one hundred and twenty thousand inhabitants reduced
from four members to two.

" 12. The use of party funds at primary election
prohibited.

" 13. The Penal Law to be amended limiting the
amount of money that may be expended by a candidate,
or any person in his behalf, for the purpose of seeking
a nomination to public office.

" 14. Delegates and alternates from the State at
large, and from congressional districts, to the national
convention to be chosen by the direct vote of enrolled
party voters at the official primary.

" That is briefly what our direct primary bill does.
Any proposition less than this begs the whole question
and violates the pledged faith to every voter in the
State.

" I am now, and always have been, and always will
be, in favor of carrying out the platform pledges of a
political party to the letter. The best way to
strengthen a political party is to keep faith with the
people.

' ' I want to restore to the people of the State the
complete control of their State government; to afford
the voters of the State the freest expression of their
choice of candidates for public office; and I believe
that our ' State-wide ' direct primary bill embraces an
honest, a sincere, a comprehensive and a practical plan
for these accomplishments.

" Besides I consider that our ' State-wide ' direct
primary bill is an absolutely nonpartisan measure,
which faithfully reproduces and will substantially

1448 Public Papeks of Goveknoe Sulzer

carry into practice, the pledges of the three great
political parties concerned in the last State election;
and tJiat, on its merits, it meets with the approval and
has the support of a large majority of all the intelli-
gent citizens of this State.

" It is my candid opinion that every member of the
Legislature is solemnly bound in honor, and is pledged,
by the highest moral and political obligations, to vote
for the enactment of a direct primary bill; and those
who fail to do so will be recreant to their promises and
forced to yield to public opinion and be replaced by
others who will vote to give the State an efficient and
just State-wide direct primary law, that will embrace
every office, from Grovernor down to constable.

" Is it necessary for me, or any other man, to say
that in continuing the delegate system in nominating
State officers, electors are not allowed to nominate
directly? In continuing the delegate system we are
therefore ignoring and repudiating our platform
pledges and betraying the people with false pretences.

"I shall not be a party to such repudiation. I shall
not endorse such a betrayal of the people. No
political party can make me a political hypocrite.

"The Democratic candidates! promised the people
in the last campaign that if we were successful, we
would give them — among other things — a State-wide
direct primary law.

" I ran for the Governorship on the platform of the
Syracuse convention, and after I was nominated I
stood on it throughout the campaign — squarely and
honestly.

"At the request of my party I made a campaign
through the State. They tell me I spoke to more
people during the contest than any other candidate
in all the history of the State. I told the people that

Addresses 1449

if I were elected I would do everything in my power
to carry out the pledges of my party as enunciated in
the Syracuse platform. Many doubted the sincerity
of my campaign speeches; but there was one man
who never doubted, and that is the man who is now
the Governor of the State.

" When I cannot be honest in politics, I shall get
out of politics. I believe honesty in politics will suc-
ceed, just the same as I believe honesty in business will
succeed. If anyone doubts that, all he has to do is to
think of what has been accomplished in this country
during the past quarter of a century by the men who
have dared to be true in politics.

' ' When I make a promise to the pisople I keep it, or
I frankly tell the people why I cannot keep it. When
my party makes a promise to the people, I want my
party to keep the promise, or I want the people to
know the reason why.

" Let us keep political faith with the voters. That
is my motto. That is where I stand, and I shall stand
there to the end. If any man is against me in my de-
termination to keep the faith, I must of necessity be
against that kind of a man.

' ' It is all very simple to me. If any Democrat in
this State is against the Democratic State platform
that man is no true Democrat ; and as the Democratic
Governor of the State I shall do everything in my
power to drive that recreant Democrat out of the
councils of the party.

' ' The record will show that for years I have been a
consistent advocate of genuine direct primaries, and
I firmly believe that the enactment into law of a State-
wide direct primary bill, along the lines of the measure
we are advocating, will accomplish what the voters

1450 Public Papers of Goveenob Sulzer

desire, and reflect greater credit on the present Legis-
lature tkan the passage of any other act that can be
presented this year for the consideration of its
members.

" The voters of the State, however, must now see
to it that the men they have sent to the Senate, and
the Assembly, keep their promises, and in the extra
session of the Legislature vote for a direct primary
bill, or never hope again for political preferment.

" In the recent session of the Legislature the bosses
told the people's representatives to beat the direct
primary bill. In the extra session of the Legislature,
called by me, and soon to convene, I want the voters
who elected the Senators, and the Assemblymen, to
tell them to vote for this meritorious measure as they
direct, and not as the political bosses misdirect.

" Instruct your representatives in the Legislature
what your wishes are in this matter. Tell them what
you want them to do about our bill for direct pri-
maries, and rest assured they will not dare to cheat
you again.

' ' If the voters in each Assembly and Senatorial dis-
trict will do their duty for the next few days the
direct primary bill will be passed in the extra session
of the Legislature and success will crown our effort —
but every voter must do his duty.

" Let us be honest with the voters and keep our
pledges to the people. At all events, as the Governor,
I shall, and if the Legislature does not, I want the
voters to know the reason why."

AdCresses 1451

Speech on Direct Nominations, at Cooper Union and
Brownsville, New York City, June 14, 1913.

"WHAT ARE YOU GOING TO DO ABOUT IT?"

Mr. Sulzer said in part:

' ' All the arguments now used against direct nomina-
tions, and the abolition of State conventions, have been
used in opposition to the direct election by the people
of United States Senators, but these arguments have
been in vain against the rising tide of progressive
democracy.

" In my first message to the Legislature I said:

"'We are pledged to the principle of direct
primaries. State wide in their scope and character,
and I urge the adoption of such amendments to
our primary laws as will perfect the direct pri-
mary system of the State.'

" The Democratic platform of 1910 declared for
' State-wide ' direct primaries, and pledged, the party
to ' adopt such amendments to the existing law as will
perfect the direct primary system.'

" The electors of the State understood the words
' State-wide direct primaries ' to mean direct pri-
maries applied to the nomination of State officers.
Democratic campaign speeches and the newspapers
which supported our ticket so interpreted these words.

"Let us not deceive ourselves, and let us not try
to deceive the people; the plain fact is, that in our
primary reform legislation we, in New York State,
have left off our work just where the people expected
us to begin.

* ' By not making our direct primary law apply
directly to the nomination of State officers we have
continued the delegate system in the particular field

1452 Public Papers op Governor Sulzee

in which it has proven the most unsatisfactory to the
people. ' ' '" • t < -' li • :

" I am now, always haVe been, and always will be
in favor of carrying out our platform pledges to the
letter. The best way to strengthen a political party
is to keep the faith.

" I want to restore to the people of the State the
complete control of their State government; to. afford
the voters of the State the freest expression of their
choice of candidates for public office; and I believe
that our ' State-wide ' direct primary bill embraces an
honest, a sincere, a comprehensive ,ajid, a practical
plan for these accomplishments.

^ ' Besides, I consider that our ' , State-wide ' direct
primary bill is an absolutely, nonpartisan measure,
which faithfully reproduces, and will substantially
carry into practice, the pledges of the three great
political parties concerned' in the last State election.

" There are only two kinds of primaries — direct
and indirect. The latter constitutes the reactionary
delegate system ; the former constitutes the present
progressive system. I am for the direct system. I
want the people to nominate because I want the people
to rule. The power to nominate is the power to con-
trol. Do not forget that.

' ' To have direct primaries and to have State con-
ventions is impossible. Direct primaries have been
devised by the friends of good government to permit
the voters to nominate their officers directly without
the intermediary of delegates, and as, of course, you
cailnot have State conventions without delegates, it
follows that State conventions must go and honest
direct primaries must come. There is no middle
ground. There can be no compromise. Those Avho

Addeessbs 1453

want to compromise are against: us. You caianot com-
promise a principle. ; , , •

" It is self-evident to me tlialt if the people are com-
petent to directly ele&t their public officials they are
just as competent to directly nominate these officials.

" If it is important for minor officers to be nomi-
nated by the people, it is still more important, that the
people, be given the power to nominate candidates for
United States Senator and for Governor. That if
special, interests seek to control public affairs for the
promotion of their selfish end^. through the manipula-
tion of party conventions, the plain people should seek
to do the same thing by taking, in their own hands the
right to nominate directly these important officials.

" The adoption of State-wide direct primaries, and
the abolition of State conventions, is in no sense an
abandonment of the principle of representative gov-
ernment, but on the contrary it is a protest against the
perversion of representative government.

" Under direct primaries the people will govern
themselves, through representatives, but through rep-
resentatives selected by them3elves. Representative
government is only made actual when the power to
name candidates is taken away from the- political
bosses, and placed in the hands of the voters of the
political party.

" That the peoplp of our State are determined to
have.no intermediary ,be1?ween,,them:Sftlves and their
public . servants has been shown by the adoption, in
New York,, of. the seventeenth amendment to the Fed-.'
eral Constitution, under which the people have .taken
from the Legislature the right to. elect United, States
Senators^

,," The people are now demanding a new declaration
of political independence to the aid of which they are

1454 Public Papebs of Govebnor Sulzee

pledging their most earnest efforts to bring their rep-
resentatives in the Legislature to the support of our
direct primary bill, which will establish conditions
under which in things political every man shall count
for one, and no man shall count for more than one.

" The changes which we advocate in our primary
law are in harmony with the spirit of the times. They
aim to restore to the people the rights which have been
usurped by the few, for the benefit of invisible powers
which aim to control governmental ofiicials, to pass
laws, to prevent the passage of other laws, and to
violate laws with impunity. To these invisible powers
I am now, always have been, and always will be
opposed.

" No government can be free that does not allow
all its citizens to participate in the formation and the
execution of its laws. Every other government is a
mere form of despotism. The political history of the
world illustrates the truth that under the forms of
democratic government popular control may be de-
stroyed, and corrupt influences, through invisible
political power, establish a veritable despotism.

" Tweed used to say that he cared not who elected
the officials so long as he could nominate them. Do
you know why? Because the power to nominate
officials is the power to control these officials when they
are elected. That is all there is to it — and that is the
reason the bosses want to keep this power to nomi-
nate. The power to nominate makes the boss. Every
political boss in the State is against direct primaries.
Can you blame him?

" Tweed was a boss. You remember he challenged
the right of the people to good government. With
brazen audacity he defied the voters and said : ' What

Addresses 1455

are you going to do about it! ' You know the answer.
Have the little ^Boss Tweeds so soon forgotten the
tragic fate of Big Boss Tweed? It is an old saying
that history repeats itself.

" We will win in the end the battle to restor© to the
people the government. The leading newspapers of
the State; seven-tenths of the voters of the State,
regardless of party affiliations ; and the overwhelming
popular sentiment of the people, are behind the cause,
and are with me in the fight for the legislation.

' ' Let me tell you briefly just what our direct pri-
mary bill accomplishes :

" 1. All candidates for public offices are to be nomi-
nated directly by the enrolled party voters at an
official primary.

" 2. A State committee of 150 members, one from
each Assembly district, and a county committee for
each county, to be elected directly by the enrolled party
voters at the official primary.

" 3. All candidates to be voted for in the official
primary to be by petition only, just the same as inde-
pendent candidates.

' ' 4. Every nominating petition to contain the ap-
pointment of a committee for filling vacancies on the
official primary ballot,

" 5. Candidates to be arranged on the official pri-
mary ballot under the title to the office. Order of ar-
rangement to be determined in each group by lot, by
the commissioners of election, in the presence of the
candidates or their representatives. All emblems on
the primary ballot abolished. Names of candidates
to be numbered from one upward. Voter to indicate
his choice by making a cross mark before the name of
each candidate.

1456 Public Papers of Goveknoe Sulzer

* ' 6. The number of enrolled party voters required
to sign a nominating petition to be fixed by a percent-
age of the party vote for Governor at the last preced-
ing election.

" 7. The official primary district is made identical
with the election district,- and primaries of all parties
to be held at the same polling place, conducted by the
election officers.

' ' 8. Eacli party to have ^ Party Council to frame a
platform ; such Coujioil to oon§iigt of the party candi-
dates for office to be voted for by the State at large;
party Congressmen, and party Uiiited States Sena-
tors; candidates for the Senate and Assembly and
nienjbers of the State conunittee.

" 9. Election of United States Senators by the peo-
ple provided for in accordance with the recent con-
stitutional amendment. Nominations to be made at
official prinjary in the same manner as for the office of
Governor.

' ' 10. Eegistratioi). days in the CQuntry reduced from
four to two, and registration in the country by affi-
davit required where voter does not appear personally.

' ' 11. Boards of election in counties having less than
one hundred and twenty thousand inhabitants reduced
from four members to two.

" 12. The use of party funds at primary election
prohibited.

" Ip. The Penal Law to. be aniended limiting the
amount of money that may be expended by a candidate,
or any person in his behalf ^ for the purpose of seeking
a nomination to public office,

" li. Delegates awl alternates from the State at
large, and from congressional districts, to the national
convention to be chosen by the direct vote of enrolled
party voters at the official primary.

Addresses 1457

" That is briefly what our direct primary bill does.
Any proposition less than this begs the whole question
and violates the pledged faith to every voter in the
State.

"It is my candid opinion that every member of the
Legislature is solemnly bound in honor, by the highest
moral and political obligations, to vote for the enact-
ment of a direct primary bUl ; and those who fail to do
so will be recreant to their promises, forced to yield to
public opinion, and be replaced by others who will vote
to give the State an efficient and just State-wide direct
primary law, that will embrace every office, from
Governor down to constable.

" If it is wise to trust the people with the power
to nominate some public officers, I am sure it is just
as wise to trust them with the power to nominate all
public officers. I believe it is as wise to trust them
to nominate a Governor as to trust thpm to nominate
a constable, and as wise to trust them to nominate a
judge of the Court of Appeals as to trust them to
nominate a justice of the peace.

" The people have been trusted with this power in
many other States, and they have used it to bring
about greatly improved conditions. Lfet the Empire
State put itself in line with the foremost States in the
Union, by favoring nomination by the people, for thus
only can we secure a government of the people.

" So if any one tells you that a direct primary law
is not a good thing, you deny it, and point to what
other States have done through the agency of this
beneficent system.

" No man fears direct primaries, except a man
whose character, and whose ability, and whose men-
tality cannot bear the searchlight of publicity. No

1458 Public Papers of Govebnob Stjlzeb

man fears direct primaries, unless he wants to be the
creature of invisible government rather than the serv-
ant of popular government.

' ' Our State-wide direct primary bill is a good meas-
ure. I am for it. My friends are for it. The plat-
form of nearly every party is for it. On this issue
there is no middle ground. The Democrats of the State
must stand with their Governor for direct primaries,
or they have got to be against the Democratic plat-
form. Let every Democrat decide. All my life I have
fought for the right; for the truth; for simple justice,
and for humanity. No man can make me change now.

' ' When I make a promise to the people I keep it, or
I frankly tell the people why I cannot keep it. When
my party makes a promise to the people, I want my
party to keep the promise, or I want the people to
know the reason why.

' ' Let us keep the faith. That is where I stand, and
I will stand there to the end. If any man is against
me in my determination to keep the faith, I must of
necessity be against that man.

" It is all very simple to me. If any Democrat in
this State is against our State platform, that man is
no true Democrat ; and as the Democratic Governor of
the State I shall do everything in my power to drive
that recreant Democrat out of the councils of the Dem-
ocratic party.

" The record will show that for years I have been
a consistent advocate of genuine direct primaries, and
I firmly believe that the enactment into law of a State-
wide direct primary bill, along the lines of the measure
we introduced in the Legislature, will accomplish what
the voters desire, and reflect greater credit on the
members of the present Legislature than the passage

Addbesses 'f >i iH i' 1459

of any other act that can be presented this year for
their consideration.

" Let us be honest with the voters and keep our
pledges to the people. At all events, as the Governor,
I shall, and if the Legislature does not, I want the
voters to know the reason why. ^"

' ' When we consider the waste, the extravagance,
the inefficiency, and the corruption, which have re-
cently beeii brought to light in connection with the
administration of public affairs in our State, all due,
in no small degree, to the fact that in recent years
political power has been gradually slipping away from
the people who should always control it, there can be
no doubt as to the necessity of this legislation and as
to the duty of every patriotic citizen in this all-impor-
tant matter.

" Every intelligent voter is aware that those who
subvert the government to their personal advantage
have found their greatest opportunities to do so
through the skillful manipulation of our system of
political conventions. It must cease or our free insti-
tutions are doomed.

' ' This is a struggle to restore the government to the
people. The cause is their cause. In this battle for
direct nominations I will lead where any man will fol-
low, and I will follow where any man will lead.

" The voters of the State, however, must now see
to it that the men they have sent to the Senate, and
the Assembly, keep their promises, and in the extra
session vote for our direct primary bill, or never hope
again for political preferment.

" In the re.cent session of the Legislature the bosses
told the people's representatives to beat our direct
primary bill. In the extra session of the Legislature,

1460 Public Papeks of Goveknoe Sulzeb

called by mey and soon to convene, I want tke voters
who elected the Senators, and the Aasemblymen, to tell
them to vote for our primary bill as. they- \ direct.

" Instruct your representatives in the Legislature
what your wishes are in this matter. Tell thenlwhat
you want them to do about our bill for direct pri-
maries, and rest assured they vdll not dare to betray
you again.

" If the voters in each Assembly and Senatorial, dis-
trict, in Gi^eater, New York,, will do their duty for the
next few days the direct primary bill will be passed in
the extra session of the Legislature and success will
crown our eif orts; — but every voter must do his duty. ' '

XIV

PART 2

ADDRESSES

(Extraordinary Session)

XIV

PART 2

ADDRESSES

(Extraordinary Session)

Speech on Direct Primaries at Harmanus Bleecker Hall,
Albany, N. Y., June 17, 1913.

Mr. Sulzer said in part :

* ' During the last campaign I appeared on this stage
and told those assembled that I stood squarely on the
Democratic platform and if elected would do every-
thing in my power to carry out its pledges.

" Many remember that speech. You recollect, no
doubt, that I said if I were elected the Governor no
influence would control me in the performance of my
duty, but the dictates of my conscience, and my deter-
mination to do all I could for the people as God gave
me the light and I saw the right.

" Many dou'bted the sincerity of these campaign
speeches — ■ and they say I spoke to more people in
that campaign than any other man who ever was a
candidate for office in this State — but there was one ■
man who never doubted the sincerity of what I said —
and that is the man who is to-day the Governor of the
State.

' ' The good people in Albany know me and I know
them. I am no stranger here. The enemies of decent
g;overnment cannot place me in a false light with the
decent people of our Capital City.

' ' The citizens of the State know that all I am trying
to do as the ' Governor is to keep the faith; to make

[1463]

1464 Public Papers of Goveenoh Sulzer

good the pledges of my party; and to give the people
of the State of New York an honest, an efficient, and an
economical administration of public affairs.

" The average citizen would naturally think that is
just what I ought to do, and the easiest thing in the
world for me to do. But I assure him that notwith-
standing that is my desire, it is the hardest task I have
ever tried to accomplish.

" Ever since I, have heen the Governor, every obsta-
cle has been placed in my way, and I regret to say, by
some men high in the councils of my own party, just be-
cause I wa,nted to do what I promised to do and what
my party promised to do, That is all there is to this
bitter warfare now being waged againsit me, by unprin-
cipled men, from one end of the Sta,te to the other.

' ' The Democratic party promised^ the people last fall
that if it were given power in the State it would enact
a State-wide direct primary law, and pledge the Legis-
lature in the most explicit terms to the performance
of this promise. There can be no doubt about that.
The record is clear.

" The electors of the State understood the words
' St^ite-wide direct primaries ' to mean direc,t pri-
maries, applied to all State nominations. Democratic
campaign speeches, and the newspapers which sup-
ported our ticket, go interpreted these words.

" I am now, always have been, and always will be, in
favor of carrying out in letter, and in spirit, our plat-
form pledges. , The begt way to strengthen a political
party is to keep the faith. ,

' ' Suffice it for me to say that my purpose in this mat-
ter is to restore to the people of the State the complete
control of tb^ir St^te government; to afford the voters
of the State the freest expression of tbeir choice of

Addresses 1465

candidates, for public office ; and I believe that our
State- wide direct primary bill embraces an honest, a
sincere, a comprehensive, and a practical plan for these
accomplishments. 4

" Besides, I consider that our ' State-wide ' direct
primary bill is an absolutely non-partisan pleasure,-
wliich faithfully reproduces, and will substantially
carry into practice, the pledges of the three great po-
litical parties concerned in the last State election.

' ' My message on the subject-matter, just sent to the
Legislature, tells the story. The sentiment in the
State in favor of direct primaries found its origin and
growth principally in the fact that, under the estab-
lished primary law the rank and file, of party voters
were not able to control their delegates when they as-
sembled in the State conventions.

" There are only two kinds of primaries — direct and
indirect. The latter kind constitutes the reactionary
boss system; the former kind constitutes the present
popular, progressive system. <1 am for the direct sys-
tem. I want the people to nominate because I want
the people to rule. The power to nominate is the
pjower to control; ,Do not, fprget. that.

" To have direct primaries and to have State con-
ventions is impossible. Direct primaries have been
devised by ithe friends of good government: to permit
the, people to nosninate their officers directly without
the intermediary of delegates, and as, of course, you
cannot have State conventions without delegates, it
follows that State conventions must go and honest di-
rect nominations must come. There is no middle
ground. There can be no compromise on the essential
principle. Those who want to compromise are; again-st
thjO people. You cannot eonipromise a principle.

1466 Public Papers of Govbrnoe Sulzer

" It is self-evident to me that if the people are com-
petent to directly elect their public officials, they are-
jnst as competent to directly nominate these officials.

" If it is important for minor officers to be nominated
by the people, it is still more important that the people
be given the power to nominate candidates for Senator
in Congress and for Governor. That if special inter-
ests seek to control public affairs for the promotion of
their selfish ends through the manipulation of party
conventions, the plain people should seek to do the
same thing by taking in their own hands the right to-
nominate directly these more important officials.

' ' Tweed used to say that he cared not who elected
the officials so long as he could nominate them. Do you
know why? Because the power to nominate officials-
is the power to control these officials when they go into
office. That is all there is to it — and that is the rea-
son the bosses want to keep this power to nominate.
The power to nominate makes the boss. That is why
every political boss in the State is against direct nomi-
nations. Do not forget that.

" Tweed was a boss. You remember he challenged
the power of the people. He spurned their petitions^
He trampled on their rights. With brazen audacity he
defied the voters and said : ' What are you going to-
do about it? ' You -know the answer. Have little
Boss Tweeds as soon forgotten the tragic fate of Big-
Boss Tweed? It is an old saying that history repeats
itself.

' ' Now a few words about a little Boss Tweed in Al-
bany County — one Patrick E. McCabe. You kno-w
something about him and his methods.

' ' Yesterday he circulated what he calls a bitter at-
tack on me. It was screed so ridiculous that I sup-

Addresses 1467

T)Ose I should not dignify it by a denial. I hope every
-one here read this McCabe attack.

' ' Let me, however, read a letter from Mr. McGabe,
sent to me at Washington last November. This letter
xeads as follows :

'*' His Excellency William Sulzee, New Willard Hotel,
Washington,. D. C:

" My dear Governor.— Again permit me to con-
:gratula;tfe you as the Moses of the party, and to say
that I have not been so much pleased Avith anything
since election night as I was with the information that
was conveyed to me a day or two ago, that your pur-
pose is to put Democrats in where the Republicans are.

' ' You know, I believe the thing which militated most
against Mr. Dix was that he had not changed the jjo-
litical situation in the State, that under him it re-
mained just as it had been under his several Republi-
can predecessors, and I believe the people resented
this more than anything else. What is needed is some-
body who will have the courage' to change the political
■situation; one who will have everyone round him in
sympathy with his party, his administration, his ideas
and notions of government.

" The Democratic party under the present adminis-
tration never recovered from two or three prominent
Republican appointments made at the outset of it. To
make yourself the most talked of man in the United
States and the most beloved partisan in this State you
have but to emphasize your Democracy on the first of
January or as soon thereafter as you can. The Demo-
cratic party wants vigorous evidence of its success, and
you are the man, in my judgment, to bring it about.
We have heads of departments here who have nine

1468 Public Papers of Ctovekn-oe Sulzer

hundred' and ninety-nine reasons why a Republican
should not be disturbed and the same number of rea-
sons why a Democrat camnot be assisted.

' ' Civil service has a tendency to destroy partisan-
ship and leave in its place a class of time serving
persons. Instead of being dependents of an adminis-
tration, they are independents, so far at least as the
last two years is concerned. They' seem to come and
go when they please and perform as little, work as they
possibly can. It is the .greatest breeder of parasites
of which I have ever known or heard. .

" His pride in iDolitics does not .amount to anything;
he is about as characterless as a chalk mark on a fence.
One forceful administration by you will prove that the
people's party is again in power and destroy for a gen-
eration what is left of the Republican partj^ ,

' ' Under the conditions which have obtained for the
last two years, Republicans have two chances and the
Democrats but half a chance. The Republicans have
a chance when their party is in and a chance when we
are in ; the Democrats had no chance when the Repub-
licans were in and have had only half a chance "while
we have been in. Now, what is wanted is that the Re-
publicans have no chance anywhere under a Democratic
administration.. You have an opportunity such as has
not been given to any young man in public life in this
country.

" Mr. Dix thought he could progress by standing
still. You have the advantage of knowing what is
right because your predecessor was wrong. Your
past warrants the democracy in believing in your
future.

" May I remind you that Andrew Jackson was the
first Democrat to reach the presidency, to rise from

Addresses 1469

hmmfele surroundings to greatness and he owed his
success entirely to his vigorouis partisanship ? So de-
cisive and emphatic was he oil questions of party gov-
ernment that the blood of the party to-day quickens
to the sound of his name; and 1 look to hear, during
your administration,' the party cry of 'Another Jack-
son has risen. '

" I know that everyone who writes you has a rem-
edy and everyone who talks to you is an adviser; but
there is one simple rule which leads in this situation
to greatness and that is, you manfully maintain the
position of being a militant Democrat.

" I trust you will overlook perhslps the needlessness
of this letter to you. It is not alone interest in you,
but interest in the party that prompts me to write you
thus.

" With best wishes for your good health and un-
precedented success in your new undertaking, I remain,

" Sincerely yours,
" (8d.) PATRICK E. McCABE."

» >

" This letter from Mr. McOabe speaks for itself, and
makes mighty interesting readihg as Horace Greeley
used to say, in view of the libelous screed against me
this same Mr. McCabe has just caused to be printed?
I might ask who paid for the printing?

" I was a great man, apparently, in McCabe 's esti-
mation, so long as he believed I would recognize him
as the boss of the Democratic party in Albany county ;
but just so soon as I gave some recognition to Mr.
Diigan — a decent inan-— and the Democratic State
committeeman from Albany county, Mr. McCabe goes
wild, and has his good but erratic fri.end write a libel-
ous manifesto about me, replete with statements with-

1470 Public Papees of Goveenor Sulzer

out the slightest foundation in fact. The letter and the
statement show the difference, however, between now
and then. Poor McCabe. He is a cat&Tpaw, and I feel
sorry for him.

' ' Perhaps I should say that there is very little truth
in the purported statement of Mr. McCabe. Much of
the matter is too absurd for me to dignify with a de-
nial, especially in view of the fact that another man
wrote it.

' ' Who wrote it ? Who gave the writer the informa-
tion 1 That is what the people want to know. Let Mc-
Cabe tell. He has recently been in several conferences.
If he knows let him tell all he knows. They say
McCabe is a squealer.

" They tell me this whole thing was deliberately
planned and executed by crafty enemies of direct pri-
maries, in New York City, for the purpose of breaking
the force of my special message, on direct nominations,
sent to the extraordinary session of the Legislature.

' ' However, I do not think it will deceive any friend
of the cause of direct primaries, or disconcert any citi-
zen in the State. It certainly will not distract me, or
prevent me, from going right ahead with my efforts to
write upon the statute books a direct nominations
law that will carry out in good faith the prom-
ises of the Democratic party. These attacks on me are
well understood. They will not hurt me in the end.
But whether they do or not I shall go on regardless of
political or personal consequences.

* ' There is an old saying you know that when a law-
yer has a bad case, he should abu^e the other side. Mr.
McCabe, it iseems, is in this category. He is so weak
as a political leader, in Albany, that just one honest
direct primary election would relegate his boss-ship
to the political scrap heap.

Addresses 1471

" Mr. McCabe knows this, and hence he is fighting
against direct primaries to save his political skin.
That is all there is to it. McCabe thinks by a,busing
me he can defeat direct nominations, but his efforts
will be abortive, and his antics are albout as trans-
parent and as ludicrous as the ostrich, which sticks its
head in the sand and thinks its body cannot be seen.
Mr. McCabe 's political head is in the political sand —
but we all see the rest of him — and the sight is not
alluring.

" The adoption of State-wide direct primaries, and
the abolition of State conventions, is in no sense an
abandonment of the principle of representative gov-
ernment, but on the contrary it is a protest against the
perversion of representative government.

" Under direct primaries the people will govern
themselves, throug'h officials, but through officials nom-
inated as well as elected by themselves. That is why
we want the voters to nominate. Representative gov-
ernment is only made actual when the power to nom-
inate candidates is taken away from political bosses,
and placed in the hands of the voters of the political
party.

. ' ' That the voters are determined to have no interme-
diary between themselves and their public servants
has been shown by the adoption of the seventeenth
amendment to the Federal Constitution, under which
the people have taken from the Legislatures powers
previously delegated to them to elect United States
Senators.

" Our desire to enact a direct primary law is a strug-
gle for good government ■^- a fight to restore the gov-
ernment to the peaplcj The cause is their cause. In this
battle for direct nominations I will lead where any

1472 Public Papers of Goveknoe Stjlzee

man will follow, and I will follow where any man will
lead.

" No government can be free tbatdoes not allow all
its citizens to J)articipate in the formation as well as
the execution of its laws. Every other government is
a mere form of despotism. The political history of
the world illustrates the truth that under the forms of
Democratic government popular control may be de-
stroyed and corrupt influences, through invisible polit-
ical power, establish a veritable despotism.

" The people have been trusted with this power of
direct nominations in many other states, and they have
used it to bring about good government and greatly
improve political conditions. Let the Empire State
put itself in line with the foremost States in the Union,
by favoring nominations by the people, for thus only
can we secure a government of the people and by the
people.

' ' So if any oiie tells you that a direct nominations
law is not a good thing, you deny it, and point to what
other states have done through rthe agency of this
beneficent reform.

" Our State-wide direct primary bill is an honest
measure. Every friend of good government in the.
State is for it. The platform of nearly every, party ia
for it. On this issue there is no middle groundw, The
Democrats of the State must stand with their Gov-
ernor for direct primaries, or they have got to be
against the Democratic platform. Let every Democrat
decide. All my life I have fought for the right; for
the truth; for simple justice, and for humanity. No
man can get me to change now. i

" No one need fear direct primaries, except a man
whose character, and Whose ability, and whose mental-

Addresses 1473

Lty cannot bear the searchligM of publicity. No man
need fear direct nominations unless lie wantp to be tlie
servile creature of invisible government rather than
the honest servant of popular government."

Remarks of Governor Sulzer at the conclusion of the
largely attended meeting of representative citizens,
in the Executive Chamber, Albany, N. Y., June 23,
1913, previous to the hearing in the Assembly Cham-
ber, on the bill for direct primaries.

Governor Sulzer spoke as follows:

" My friends, and I say my friends advisedly — be-
cause I am finding out more and more every day, who
are my friends.

" When I became Governor I thought I didn't have
an enemy in the State. I know now that I have the most
bitter enemies in the State. Nevertheless, I console
myself with the reflection that every enemy that I
have made in the performance of imy duty since I be-
came Governor, is an enemy of the State.

" It is gratifying to me to see so many honest and so
many representative citizens here this afternoon. I
appreciate it from the bottom of my heart, and more
than words can tell.

' ' You are to be congratulated for leaving your voca-
tions, your varied interests, your homes, and coming
Mte to do aU in your power for the cause of direct nom-
inations. That is for the general welfare, and there
never was a time in my recollection when the general
welfare of the greatest commonwealth in the Union
was more threatened than it is to-day. I know whereof
I speak. M.
47

]474 Public Papkhs of GoVeknok Sulzer

"All TioiTor and all. credit and all eommferidati'On to
you gbod people. You are doingia great w^ork fbr the
common weali that perhaps! some unthinking people do
not just now; appreciate. But as the years eome anld' go
the work you are doing will be more and more realized,
and more and more appreciated by our fellow citizens.

.' ' .You are .doing a, great work. When the future his-
torian. comes , to write the aimals of our, time he, will
give a large space to . this' work m the history, of our
State. , . , .. . ,

" But more tha|i that, ^yqu aj;e doing a work fgr^good
government ; a work for honest government ; a work for
civic righteousness; a work for the general welfare; a
work for the future greatness of our people and for the
supremacy of New. York. You are building for your-
selves a monument more enduring than marble or
brass. Do not forget that.; Let it be yoUr reward as
it must now be your incentive and your consolation,
■i^' Notwithstanding I. have always been an advocate
M direct primaries, many of you know thatJl went into
this fight reluctantly. Why? (Because I knew the
bitter fight it would bb. iMany .who urged me' all
winter long to take up this cause for direct primaries
— - urged m© here and at the house and on the streets — -
are not here to-day. They have, run away. They are
now maligning me and with the enemies of the cause.
Many who thought I was insincere when I began, know
now to the contrary;! No friend of direct primaries
doubts me to-day. I am in the figM sto stay, and to the
end, come what may. ; ; ■ • : ,

" However,'! do not want the 'people of the State to
have ^heir attention diverted by attacks' on me from
the 'main question of direct primaries. We must stick
to the bill we have introduced in the extraordinary ses-

M:-i\.riv-! floKii: Addresses it'i ,:.!:i > 1475

sion of the Legislature for direct nominations and Hot
let the 'bitter and the outrageous and the baseless, and
the unfounded, and the slanderous, and the libelous at-
tacks which are being hurled at me by the enemies of
the reform. Cjiiisl ^Idiisi-i -liyjl) -to •«mu(i)' ;>!i'if}it- ,

' ' We must not let our enemies muddj'' the waters ; we
must not allow' them to play the act of the cuttlefish;
we must not permit them to throw dust in the eye's of
the people. Let them come out in the open and meet
us on the main issue ^-i-; the question of direct nominal
tions. That is the issue. Best assured I shall not be
diverted, or distracted by the mud which these un-
mitigated scoundrels throw at me. I am a fighter. I
know how to fight. '' -ov-fi ^ -^iit'lt'tfifd^ v.:;, .-wr >{ir''

"It is unnecessary for me to say I am more inter-
ested in the passage of this direct primary bill than I
am in personal controversies that unscrupulous men
now raise in order to distract attention while they
slaughter this direct primary bill in the Legislature.
Do ilot let them dodge the question. They cannot di-
vert me..l I am driving them into the open so that all
can see. I am holding them responsible. They can-
not escape the responsibility,;.' ■ • ^ oh ■ ' «»--■

* ' Let Mr. Murphy abuse me. I care not now. He bfeat
the primary bill in the last session of the Legislature.
He beat it I declare. ^i I know. <I challenge him to
deny it. (iti'v/- -nn ■ ' >'«( ',e.invYt<l mt/?' ot j^iiio^i

>i " During the campaign, since the adjournment of the
regular session of the Legislature, I have asked Mr.
Murphy over and over again one question: Mr.
Murphy, don't dodge; don't hide;; come out in jthe
open and tell the people whether you are going to beat
the 'bill for direct nominations in "the extraordinary
session of the Legislature? That is the question. That
is what we want to know.

1476 Public Papers op Goveenok Sulzeb

' ' You know and I know tliat Mr. Murphy is the only
man in the State who can beat this bill. What a
speetacle! Do you realize it? One boss in the great
State of New York defying the people ; spurning their
petitions ; trampling on their rights ; laughing in their
faces ; and like Tweed in his day, brazenly and au-
daciously saying: '' What are you going to do about
it?"

" What a pitiable spectacle ! Isn't it enough to bring
the blush of shame to the cheek of every decent icitizen
in our commonwealth.

" How humiliating it all is. Shall it go forth, from
one end of the country to the other that Mr. Murphy
doth feed upon something forsooth that he has grown
so great that he has more power, that he has more in-
fluence than all the other ten millions of people in
the State of New York?

" What shall the answer be?

" No one knows better than I do how I have been
threatened during this fight by the enefnies of the
cause. They are the enemies of the State. Behind it
all there is a sad story which someday when I -have
less to do than at present. I shall itell.

* ' Fear not, my friends, have courage^ keep the faith.
We're going to win.

' ' We are going to win because we are right ; we are
going to win because the people are with us; we are
going to win because the history of the English speak-
ing peoples from the days of Runnymede down to the
present time, demonstrates that the people have never
lost a battle when they made up their minds to win a
fight for progress and for the general welfare.

" Fear not, my friends, about these vile and baseless
attacks the enemies of the cause are making on me be-

•Addeesses : 1477

cause I am leading the Jagbft ,Have no fear about me.
I can fight my own battles. Be assured I shall ineet
at the proper tirtie, and in the proper wayi all these
vicious, all these villainous attacks they are now mak-
ing upon me, and with: which I have been threatejied
ever since I began the fight. '

" Oul*' enemies demanded that I desist; that I be a
proxy Grovernof ■ that 1 become a nlbber-stamp — a
tool of conspirators to loot the State and to rob the
taxpayers. I refused. They did not know me, but
they know me now.

" Lqt.u§ go forward with the fight. All will be well
with me in the end. When the truth is known it will
illustrate anew and accentuate again the stanza of one
of A,m^ripa's famous poets:, ,

, a 'Truth crushed to earth shall rise again.
The eternal years of God are hers,
But error wounded writhes with pain,
And dies among his worshippers.' "

Address at the Gettysburg Celebration, July 3, 1913.

Mr. Sulzer said :

' ' Gettysiburg is fame 's eternal camping ground — an
inspiration and a shrine — sacred to the heroic men,
living and dead, whose struggle here hallowed this
ground for all the centuries yet to come.

"All honor and all glory to the men, from upland
and from lowland, who met here to do or die for
Country. Their fame is secure. Their memory will
endure.

1478 Public Papees of Gof benob Sulzee

" Fifty years ago, Great' Captains with their men
from North and South -^— the bravest of the brave thai
ever faced a foe — struggled here and there across this
plain, amid the roar of cannon, ■ for /three long weary
(lays,; in the mightiest contest that ever shook our land ;
and in that clash of arms it was decided, then and here,
that a,ll men must <be free; a;nd that the. Republic of the
Fathers shall not perish from the earth,. .

',' H^lf a century has come and ^one since that ter-J
rific cpnfliet, but the intervening years have only added
a greaiter splendor to the sacrifice, and a grander glory
to the yip'tory.

] ' ' History tells us that on this far famed field was
fought the decisive battle of the War between the
States ;' that it was here the 'tide for Union — of all
that we are, and all that w^' hope to be — turtied t6
Old Glory; that it was here the triumph of the Stars
and Stripes, over the Stars and; Bars, saved from dis-
solution the greatest Eepublie the sun of noon has ever
seen ; and that- the ; valor, and ihe heroism, and the
devotion, and the chivalry, here displayed, by the men
in blue and the men in gray, will live throughout the
years of Time — the heritage of all — in the song and
story.Qf,Am^i(^,^^,,,.^s„,^. ,,^,,;.^,,.^.:, ^^,,., .,, ,,,,=,l/.

AddIiesses 1479

Governor Sulzer^s Remarks to a Delegation of the Hudson
Valley Local Order of Moose, in Convention at Al-
bany, Who Called to Pay Their Respects, July 11,
1913.

The Governor said:

"Brothers, I am glad to meet you and welcome you
to the Executive Chamher of the State of. New York.
."I trust your sojourn in our Capital City will be
pleasant and agreeaible, apd that you will take a\Yay
favorable recollections, that will abide with you
throughput the rest of yourjiyes. , :,.,•.

,/', Of course I know just a little al^out your order,
haying recently befiome a Moose. . ,

" It is a good order, a growing order,, and it is doing,
I ani,.glafj,t9 say, a charitable, and a benevolent, and an
hunaanitarian woi'k along its own lines. Every agency
of tliis kin^i deserves t^e copamendatipn of the right-
thinking people of our country.

i:" As a new mejnber. of the order I do not in;fceud to in-
flict upon youip-day tlje kind of a speech you hear from
the brothers who talk, about the; Moose in ^nd out ,of
our lodges. Butwhen I have the time to spare I hope
to meet you in the lodge, and to hear; from you, aod
thus gain real knowledge of the o?;'(ier.

. ";I understand that to-morrow you are t,o have quite
an affair. I promiseds spme of ;the brothers :to be witl^
you to-morrow afternopn, and, I suppose, say ^a :fe\v:
words then to, you. ; ; :

" S© we will make this speech to-day as Ijrief as pos-
sible. You realize that I :am very busy here, and then
again you know that brevity in our prder,, as in all
things is the soul of wit.

1480 Public Papebs: of GotEKNOB Sulzek

Speech at Conference in Executive Chamber, Called by
Friends of Direct Priiiiaries to Counsel as to the
Nomination and Election of members of Assembly
Who Will Stand by the People and Vote for State-
Wide Direct Primaries in the Next Legislature

■ Albany, N,i Y,„4y,gust, 4,, 1913
The GoVernot' spoke as follows:

" It is a great pleasure for me to greet ybu aid to
welcome you to-day in the Executive Chambei'! '

" Ttis conference was calfed by'the friends of direct
primaries to counsel as to the best way to nominate and
elect members of Assembly who will'sliand by the'peo-
ple and vote for State-wid«'" direct' primaries in the
next Legislature. / !\ '

' ' I have always been of the opinion that a member of
the Legislature, State or National, should bfe true to
the principles of his J)arty ; should be anxious at all
times to. carry out the promisfes of his party, and
should always be responsive to' the will of the ptiople.

"However, in our Legislature at present that idea
Seems to be reversed. Its' members apparently are
more anxious to carry out the will of the bosses than
the will of the voters.

" Conscious of the rectitudie- of biir intentions, and
with the knowledge of puhlici sentiment, we feel 'that it
is the duty now bf the misn charg'fed with the re-
sponsibility, who have within their grasp the machin-
ery of the party, to see to it that the men who have
been false are held accountable; to see to it that men
vvho will be responsive to the will of the voters are
nominated for member of Assebibly in each assembly
district of the State. In that w'a:y we will make prog-

ii.'isa^if^ Hox) Addresses 1461

r6ss.«iln that way we will get a very different kind
of Assembly next year.i^ In that way only can we
succeed, n i'H- ib-n

" Noione has a higher opinion of the Legislature of
bur State than the man who is now addressing you. I
use the expression generally. I served in the popular
branch of the Legislature for five years, nearly a quar-
ter of a century ago/and through my own efforts and
by my own exertions, I rose, as a young man, step by
step, until I became its speaker — one of the youngest
speakers in the history of the State. // ■ ■ joi

' ' I know something about the legislative history of
OUT State. I could name many great men who have
served with honor and distinction in the popular
branch of our Legislature. It is argreat forum, i It
is the agency of ■ the people of the State to express
their will. -' KJhIfti; 71 fjuj; lb <^ftblf)-t)iji/»- fkh' w/-
'>': ' < The office of Assemblyman is most important, and
is great enough for the ambition of any man. In the
years gone by we had many great men in the Assembly
of our State.''''^- ■ ■' ' '" tB-vt'^ '•••'< :tiUi>: ■>■/£< >/,•

' ' To-day I regret to say that cannot be said concern-
'big the present Assembly. I want to be charitable.
You know, and I know, and the people know, that the
present Legislature is controlled by influence adverse
to the best interests of the people of the State. It is
a matter that now challenges the sober- judgment of
the people. It is a matter that is now an affront to the
intelligence of the citizens, and it is humiliating, not
only to me, in my efforts to do right; in my desire to
ke6p the faith; and in my determination to do my
duty; biit to the due administration of public affairs.
.!. '< Another' elefction is approaching — a very import-
ant •■defftfti'dn to the taxpayers of New York. We meet

1482 Public Papers oe Gtwebnob Sulzbe

here in council to take some, action in order that the
next Assembly shall be different from the present As-
sembly. In order to make that a living fact it is neces-
sary for you to see to it that the : right kind of. men are
designated-in each Assembly district for members iof
Assembly. • .

' '' What do I mean by that? Simply this : In the pres-
ent crisis in the State of New York, where one i man
challenges the whole people, and because ; he cannot
haye his way, he: says to the people that they shall
not have their way. So we say now, that in each of
these assembly districts, in the first instance, we shall
appeal to that public spirit, and to, ^ that patriotism,
which has never failed: to irespond,; when it; was neces-
sary to respond, we ask you to aid us so that the ablest
and the best men can be designated for members of
Assembly, regardless of party afiSliations, shall he, se-
lected to carry out the will of the people, and to see
to it thati the administration of State affairs is not
longer paralyzed. , ',■ .. ,.. ,,

"As I have said, rnany great men have been assem,-
blymen in New York. We want great men in the As-
sembly next year; men who dare to do right; men whp
are free and independent, men who believe in truth and
dare to maintain it; men who will see to it that the
right shall* prevail — ^ regardless of political or personal
consequences. • - i" ■,,•.;■<■

' ' In each assembly-' district there are [woijthy men,
eloquent men, brave men, honest men, who will re-
spoM to the call; who.' will allow their, names to be
used in this struggle for good government, and, wlio
will consent to be candidates for Assembly. They will
be elected. They will ,conae;hereitte first, of [i^h,^ year,
take the oath of office, and be true to lit.i— true to the

iy> Hii/, ,ADr>EESsEs 1 ' 1483

general welfare, true/ to the i commonwealth of New
York — true to party promises, and true to all that is
good and honest and decent in public affairs, (-ifii

" 'As the Governor, through you, representing what
you do, and hkving it in your power to accomplish re-
sults, I now a]f)peal to the intelligent, to the patriotic,
and* to the public spirited citizens of New* York to
come forward in this campaign and aid us to elect an
Assembly that will be beyond the influence of any man,
and responsive only to the will of the people.. m;;

" My friends, I am carrying a heavy burden.. You
know something about it, but you do not know all about
it. I am doing so simply because I made up my mind
when I took ithe oath of ©ffice that I would be the Gov-
ernor in fact as well as in name. Because I made up
my mind that no influence should control me wliile I
was the Governor, but the dictates of my own con-
science, and my determination to do my duty, day in
and day out, come what may. For these reasons, and
others, I have been hounded, traduced, villified, and
threatened as no other man has ever been, who occu-
pied this office, in all the history of the State. , , \\f.

" However, I have no fear of the ultimate result. I
know by experience, by the truths of history, by that
intuition which is unerring, that justice will prevail,
and that right makes might.

" If the honest folk, and the patriotic people of New
York will stand up together in this campaign we will
win on election day, a victory that will clarify the po-
litical atmosphere, and go far for years to come to give
the State of New York what the State of New York
needs — an honest government, and an efficient gov-
ernment, and an economical government — a govern-
ment in the interests not of the few but for the benefit
of all.

1484 Public Papers of GoVeknoe Sulzer

" I could say mucli that liwill at present refrain
from saying. Let us trust that in the wisdom of your
counsel much good will come. ¥ou can count on me in
the future as in the past to go forward in the work of
reform. I shall count on you to aid me. Let us all work
together for the good of the Statel, and certainly that
should "be the highest ambition in the estimation of
every good citizen.

At the closing of the conference the Governor made
the following remarks : ■<■■■ ■

" My friends, the adoption of these resolutions is
gratifying to me. I shall continue! the- fight for good
government. I shall go onw:ani 'with hope, and for-
ward without fear. God helping me, I cannot do other-
wise.

" I ani much obliged to you. I appreciate more ^ than
words can tell your presence here, and all that ybu have
said, and all that you have done. In the name of the
people of our State, iii the. name of all that the Empire
State means and signifies, I, as the Governor, elected
by the people to be the Governor, thank you one and
all from the bottom of my heart. " .

APPENDIX

LETTER FROM COLONEL THEODORE ROOSEVELT
TO. ^GOVERNOR WILLIAM ,SULZER, DATED
SEPTEMBER 2, 1913, ,

(This letter was, given out from the Executive Chamber in
Albany, and published.)

THE ANSWER OF GOVERNOR WILLIAM SULZER,
DATED SEPTEMBER 9, 1913, TO THE LETTER
OF COLONEL THEODORE ROOSfiVELT, OF SEP=
TEMBER 2, 1913.

(This letter was seiit to Col; Theodore Roosevelt, who desired
. to. give (it out, but on .the advice of the Governor's counsel
.it w;as deemed, inadvisable. This letter has, never before
been published.)

THE; OUTLOOK,

287 FouiOTH Ave(nub,.New Yokk. '■

Office op Theodore Roosevelt,
September, 2, 1913.

My Dear Governor Sulzer:'-—

Upoii mj return, from Arizona I have receiypd your
two letters, i thank you for them'. I believe I thor-
oughly understancl the assault that is now being rilacle
upon you. I liave yet to nieet a single jjjerson who be-
lifeves, breven pretends to believe, tliat'a. single honest
motive has aniifiated the proceedings of your ajitag-
onists. From itfr.'Murpliy himself to' the Legislators
who ojjey his directions,' there is rio'jp,ossible question
that all of your a'ssailaiits are the' en'etnjes ot the public,
and that their aim i's to acquire the evil domination of
the State Government, and that the conspiracy against
you has not one saving impulse behind it that caii'in

[148Y]

1488 Public Papeks of Goveknok Sulzek

the remotest degree be ascribed to patriotism or civic
spirit or anything save the basest imptdse of crooked
politics. We have never seen a more startling example
of the power of -the' invisible government under the
present system. The extraordinary thing is that the
" conservative " upholders of this present system
should have witnessed the decrees of the invisible- gov-
ernment carrieji: out within twenty-four hours, and
nevertheless (i^iiounce as , revolutionary our proposal
for changes in the , form of government whereby the
deliberate judgment of the majority of the voters may
be executed within a space of time no shorter: than that
required for the execution of their deliberate judgment
in the choice of a Pl'esident of the United States.

Let me add one thing, my dear Governor. You owe
it to yourself and to all those who have supported you
to take the earliest opportunity to answer the charges
made against you. That the purposes of those bring-
ing the charges are wholly eVil I am sure that all honest
men feel. Moreover, I am sure that honest men feel
that the assault made upon you by your foes is due to
your having stood up for the principles of good govern-
ment and decent citizenship even when it was, necessary
to defy the will of the bosses of ijie two parties, and
especially of your own, and to stand in the way of the
success of the corrupt schemes of the party raachines'
managers. But there is also among honest men a
(Jesire for a full and str^ghtforward explanation and
answer in reference to the charges made against you,
and I very earnestly hope tbat as soon as possible the
explanation and answer will be made.

With all good wishes ^iid regards to Mrs. Sulzer, ,
Sincerely yours,

Theodore Roosevelt.
To the Hon. Wjilliam Sulzbb,

(governor.

Appendix 1489

EXECUTIVE CHAMBEE,

' Albant, N. Y.
September 9, 191S:

Gql. Theodore Eoosevel,t, New, York City.\.

My Dear Colonel:^ In your letter of the second
instant, in wMeh you were good enougli to express
sympathy for me against the attacks on me by Mr.
Murphy and his agents -rr the real enemies, as you say,
of the public — you told me that I owed it to myself,
and to those who have supported me, to take the
earliest opportunity to answer the charges. •■

You urged .that iwhile all honest men feel that the
assaults upon me by Mri Murphy are due to my having
stood up for the principles of honest government and
decent oitdzenship, yet there is. among honest men a
desire for a straightforward ,explana,tion of the charges
made against me ; and you earnestly hope, you say, that
as. soon as possible the explanation willbe made.

You are, quite right, Colonel. My impulse from the
first was to make a reply in detail to the charges of Mr.
Murphy and his agents.

That I have not done as you, and some of my other
friends, advise is because my counsel exacted a promise
from me. to make no statement of my defense beyond
the emphatic denial of all the charges, which I issued
on August 11th last. This pledge I made, and have
thus far kept.

If I can now be ireleased from this obligation of
silence, in the belief, which I share with you, that I
ought to take the people of the State into my confidence
about the essentials of my defense, then I ask you to
make- such, use of this letter as you deem wise. By do-
ing this , I may forfeit some; tactical , advantage in the
trial, of the ease; but that consideration must yield to

1490 Public Papebs of Gtoveenoe Sulzer

my earnest desire to givte you, and the people, a full
and complete explanation.

Be^i4es the , purpose of my enemies, as I am in-
formed, to prolong the impeachment trial until after
election resolves me to tell the main facts with which
the people are concerned,- keeping' bads nothing that
they have a right to know.

Before saying anything else I want to tell you this —
and I cannot find words to say it with force enough— -
and that is, that I #ant all the truth known regarding
every act of which 1 stand charged by Mr. Murphy, aiid
the agents, of his corrupt political system^ who have
brought me before the Court of Impeachment not for
wrongs done' by me, but for wrongs I refused t6 do at
Mr. Murphy 's dictation.

As many know,' I am on trial not for what I did be-
fore I took my oath as Governor, but for what I did, or
refused to do, since I went into that office. ■

I am to be removed from office, if Mr. Murphy can
succeed, because I refused to violate my official oath
and carry out the " orders " of Mr. Murphy. That is
the gist of the matter, and the truth about this trial to
take away my officii

If I had served Mr. Murphy instead of serving the
State; if I had obeyed Mr. MuTphy instead of the dic-
tates of my conscience, Mr. Murphy never would have
instituted this impeachment. '

Nominally I am accused of having made a false state-
ment of moneys; received in my eamtpaign for the Gov-
ernorship; and diverting some of these moneys to pri-
vate use.

As to the first of these' charges, I want to say that
upon my return from the Syracuse convention some of
my friends formed a campaign committee to look after
the personal details of my political affairs. I was so

Appendix 1491

busy with matters of greater moment at the time,.a-iid,
furthermore, I was away from New York City so much,
that I could not give personal attention to the corre-
spondence, or to the thousand and one details, incident
to an exciting State campaign.! nt ■>

Former Grovernor A. E. Spriggs, of Montana, now a
resident of New York city, was made chairman, and
Louis A. Sarecky was the treasurer of, that oampai^
committee. UponI this committee, devolved much of
the detail work. I turned over to this committee, or to
Mr. Murphy and his agents, the contributions for cam-
paign purposes, and they looked after the disbursing
of the same. I was very busy and gave these matter?
little heed. fl ^W .-ri/

After election the usual formal statement, on t a
printed blank, was miailed to the office, to be filled in and
filed with the Secretary of State in accordance with the
law. Then it was discovered that, through some over-
sight, the committee had failed to file a notice of its
formation with the Secretary of State. The ques-
tion was consequently raised whether, in view of such
omission, the; filing of the statement by the committee
would be construed as a sufficient compliance with law.

In order to avoid legal complications, 1 was advised
that inasmuch as the law would be complied with if T
filed the statement, that I should sign: it. The state-
ment was prepared by Mr. Sarecky and others. I asked
if it were correct ; and being told that it was as accurate
as it could be made, withiout reading it, or going into
an examination of the items, I signed it. No doubt I
was careless in doing so. Looking back now I realize
that I should: have gone over the statement carefully.
But I did not do that. If I made a mistake, it was due
to haste and carelessness. Certainly it was not done
willfully, or with* intent to deceive. ,^, oi; .. '/'h>i>.

fu'ii odi .ti! iiro

1492 Public Papers of Governor Sulzer

But this is not the only explanation of the failurei to
itemize certain mdneys which were reoeiied in the cam-
paign. Some of the moneys were not for campaign
purposes at all, but were loans. They Avere given to me
by friends who knew I was heavily in debt, and who
loaned me the money to pay my debts or to use as I saw
fit. These friends wanted nothing, and in ease of my
election I knew there was nothing they would ask me
to do, or that I could do for them. ■' Politics had nothing
to do with the matter. '•

All the moneys given to me, or sent to me for the
campaign, were turned over to the committee; to which
reference has been made, or were -subsequently given to
Mr. Murphy. Whether the latter turned these moneys
over to: the State Committee or not I cannot say, but an
investigation of the report filed by that committee
negatives the assumption. ■ - - ■

Let me be frank and say to you that: the Frawley
Committee, acting, no doubt, under instructions from
Mr. Murphy, deliberately declined to disclose, in its in-
vestigations, certain moneys given to me during the
campaign which I promptly turned over to Mr. Miir-
phy. Is it fair to assume the latter did not want this
known to the public? However, I want it all to come
out.

When I became a candidate for Governor I was much
in debt — through no fault of my extravagance — for
I have always lived moderately, but because for several
years I had been borrowing money to invest in mining
enterprises which had been presented, to me by friends
in the tnost glowing terms, but which, unfortunately,
have not turned out so well as we anticipated.

After I was nominated I wanted to pay off some of
these debts, and I borrowed from friends large sums of
money to do so. The truth of these matters will come
out at the trial.

Appendix 1493

In regard to the assertion that I gambled in Wall
Street with money intended for my campaign, I want
to say the assertion is false. It is false because my
accusers do not differentiate between moneys contrib-
uted for political purposes ajid moneys which were
loaned to me for my own use, unconditionally, by per-
sonal friends. When the: difference is clearly under-
stood, those who have been puzzled by the framed-up
case, and perverted charges, of Mr. Murphy will see
that there were moneys: loaned to me that I had the
right to use for any legitimate purpose I saw fit.

There was nothing wrong in the purchase of the few
hundred shares of stock about which. so much fuss has
been made. 1 1 assume all responsibility. There is noth-
ing to hide. No stock, as. alleged, was bought on mar-
gin. No campaign f undsi, as such, were used, save the
few checks to which reference is made in the report of
the Frawley Committee, the amounts of which were
subsequently ipaid 1 over by me to Mr. Sarecky, or to
John H. Delaney, or to Charles F. Murphy.

This stock matter was an investment, and an open
and above-board transaction. If secrecy had been de-
sired—and certainly it would have been resorted. to if
there was anything wrong — is it reasonable to suppose
that checks ' bearing my name would have been used!
The transaction was shrouded in no secrecy. / If dis-
honesty were intended, the tracks would have been cov-
ered better than that.

Just a few words relative to the account with Harris
& Fuller: That was a loan account, having its incep-
tion years ago. The money that firm ireeeived wa s paid
to reduce the loan by money I borrowed, and the cam-
paign had no more to do with it than the man in the
moon. Thei men from whom I borrowed the moneys
will testify to the facts.

1494 Public Papers op Goteknoe Sulzek

The stock pledged with Harris & Fuller did not ibe-
long to me. I borrowed the stock and placed it with
that firm as collateral for loans tc help mining enter-
prises in which I had been induced to' invest. These
loans from Harris & Fuller were made, as the account
shows, long before I became a candidate for Crovernor.
Testimony will be offered about these matters to prove
the truth of these assertions.

The fact is, I was more in debt after the election than
I was before I became a candidate for Governor. Th^
reason" I borrowed the moneys to which reference has
been made was to pay Harris ■&' Fuller — to whom T
owed for loans a large sum of money — caheel this
obligation, and return to the rightful owner the stock
I had pledged to secure the loans. The reasoii I did not
do as I intended was because of information that the
stock, about which so much noise has been made, was
soon to pay dividends ; going up to' par ;■ and the profit
that could quifekly be made, in a legitiinate transaction,
would go far to aid in redncin'g my 'debts. -

However, I do not wish to tire you with ■ a more Tde-
tailed narrative of each circtma stance connected with
these stock matters, which have been so willfully mis-
represented, so viciously exaggerated, and so ve-
hemently denounced by my enemies. When the truth
is known it will appear that they were honest, above-
board, and straight in every particular.

In the main, Colonel, I have given you the salient
points. If there is anything you are in doubt aboiit, I
hope ydu will question me. As a friend you have the
right to ask, and I shall tell you the truth. '.Be sure that
I have no fear, and will promptly answer all your ques-
tions. I pledge myself! to meet any inquiry that may
suggest itself to your mind. I have •notiiing*'to dread
but the suppression of the truth or the deliberate dis-
tortion of the facts.

Appendix 1495

If I had wished to make! money out of my campaign,
I could readily have done -so by various hooks and
crooks permitted under the law. My information is
that Mr. Murphy, and his agents, collected a great deal
of money for my campaign, and that they did not speind
anything like the sum they received. If I had wished
to do so,I could have had upward of $100,000 in moneys
which were offered to me, and which I refused to accept,

Let me tell you that large isums of money -vVerfe of-
fered to me during the campaign, which I refused be-
cause I believed there was indirectly an implied obliga-
tion to give 'Some return, if I became Governor, in the
way of appointments, legislation, or immunity from
law. J I refused to take money from contractors or
corporations. Some of the moneys that I rejected were
subsequently accepted by Mr. Murphy, and never ac-
counted for. I "iifi i»i) < -uKK fi')il w hidl iijo"

So far as I am concerned, I welcome an impartial
investigation of all moneys received and expended by
me, by Mr. Murphy, -and the Democratic State Com
mittee in the last campaign. I am willing to tell what
I know, and 1 know a few things that will make might j''
interesting reading, iv j 'i^ni'tm (jn .n

Just an incident here will give you an idea of what I
mean : Between' the holidays last yeiar I met Mr.
Murphy, by agreement, at Delmonico 's. We were alone
in his private room. Mr. Murphy wanted to be con-
fidfential.- iHe said' he desired to be. my friend; that
he knew about my financial condition; that he wanted
to help me out. He offered me money to pay my debts,
and enough besides to take things easy whfen I got to
Albany. He said itJ was really a party matter; that
I had been a popular candidate; easily elected, and for
less money than any other candidate in his recollection.
He said nobody would know anything about it; that T

1496 Public Papers o¥ Oo^steenoe Sulzee

should pay what I owed, and go to Albany feeling Q&sj
financially.

Mr. Murphy's offer did not appeal to my judgment
of right: and wrong. I told him I was paying off my
debts gradually ; that my creditors were friends ; that
they would not press me ; that I was economical ; ta,nd
that I had no doubt 1 would be able to get along. He
pressed me to accept the offer, and said it was for the
good of the party; that thei'' organization " did not
want me to be hampered financially; and thathe would
allow me, in addition to my salary, $1,000 a mbiith for
living expenses. He said the salary of Grovernor was
not enough to pay his expenses; that the' '•' organiza-
tion ' ' did not want me to run into debt^ or to want for
anything, while I was Governor.

Of course, I rejected Mr. Murphy's proposition, and
told him that when I became Governor I would be able
to get along on thfe salary; that I did niot want to be
under obligations to any one ; and that I had no doubt
I could manage matters.

Mr. Murphy finally said: "if you need money at
any time, let me kno^vir, and you can have what you want.
I cleaned up a lot of money in your campaign. I can
afford to let you have what you want.''

Yes, Colonel Eoosevelt, this Mr. Murphy Who made
this proposition to me is the same Mr. Murphy j who
ordered his Assembly to impeach me, and now brings
me to trial because he says my eaimpaign statement is
inaccurate. You can readily guess that lit Was not so
much the things I did^ior omitted to do,, while a candif-
date foir Governor, as the things I did, or refused to
do, since my inauguration, thati have shiooked Mr.
Murphy 's financial sensibilities. The taxpayers should
know that when Mr. Murphy found out that I was de-
termined to protect their pockets f ronl the grafters.

Appendix 1497

Mr. Muuphy^ and his tools, decided to get rid of nie
by throwing me out of office. :

Let me briefly refer to a few faots to support my
assertion as to the motives bdhind this attempt to re-
move me from the Governorship.

Early! in September, 1912^ I met Mr. Murphy by ap-
pointment in Delmonico's. We discussted the approach-
ing Democratic State Convention. He told me that
Mr. Dix had made a pretty good ' ' organization ' ' Qox-
ernor ; that he had done practically everything Murphy
wanted done; and that Dix should be renominated. I
said that if Mr. Dix were renominated I would do what
I could to heilp re-elect him.

Mr. Murphy asked me if I thought Dix could win
again. L replied that he ought to know; that be should
be familiar with political conditions in the State : and
that he was the best judge of that.

Mr. Murphy asked me if I intended to be a candidate
for the nomination for Governor. I told him that if
Governor Dix is to be renominated I would go back to
Congress. Nevertheless, I said, I had received hun-
dreds of letters from Democrats throughout the State,
urging me to be a candidate and pledging me support.
I told him I was going to the State Convention ; thyt if
Dix was not to be renominatedy I would get in the race.
I made Mr. Murphy unders-tand that I was opposed to
having a dark horse nomiijated at the last minute ; that
if Dix was out, I -jvould make a fight for an open Con-,
vention ; a fair field, and no favor. I saidthe rank and
file of Democratic voters were tired of eleventh-hour
candidates selected by him in the back room of the
hotel.

I went to the Syracuse Convention. I got there a day
or two ajiead of the meeting. I, stopped at the Onon-
daga. Hotel, and organized the fight when I found out

1498 Public Papers op Gtoveekob Sulzeb

that Governor Dix was to be shelved. My nominatioil
came to me as a result of this fight,' and is now history.
I made no pronnse to anyone, and 1 the nomination cost
me nothing but railroad fares and hotel bills;'''

While at Syracuse I didiuot meet Mr. Murphy. After
my nomination I returned to New York, So far as my
campaign went I had to leave many of the details to
others. . i - , • , ■ ,

The campaign, as you know, was a short one. I had
but one conference with the Democratic leaders. It
was at; Delmonico^s. Mr. Murphy presided. Ways
and means,' and the conduct of the campaign, were
discussed. I immediately began hard campaign work,
and was away from Mew York city most of the time
on stumping tours. They say I made more speeches,
in the time between my nomination and election, and
spoke to more people, than any candidate for Gfov-
ernor in the history of the State.

After election I went to Monticello for a week's rest,
and thence to Washington to telean up my work as
Chairman of the House Committee on Foreign Affairs.

Before I went to Washington, and when I came back
to New York city, and before going to Albany, I met
Mr. Murphy by appointment several times. =

Mr. Murphy did not attend my inauguration. I did
not see him after I left New York city to be sworn in
until he came to Albany to attend the meeting of the
Democratic presidential electors. When he tvas here
for the electors' meeting I saw him fdr a moment in
the executive chamber ; then at the luncheon at the exec-
utive mansion/ Subsequently he wanted 'me to come to
the hotel to confer with him. I wanted him to meet
me in the executive chamber or to come to the execu-
tive mansion. He refused to do this, and I declined to
go to. the hotel. I' wanted to do things in tbe open.
He wanted to meet in secret.

t!ox* Appendix 1499

The next time I saw Mr. Murphy was at the house
of Judge McOall, in New York cityi It was on Satur-
day night, about the first of February. Judge McGall
was present some of the time. I Was anxious to nomi-
nate the best man I could find for Chairman of the
Public Service Gdmmi&sion; '*I urged the nomination
of several worthy men. ''In/, lo .'il! uuiji ifl

'M Mt". Murphy insisted that I appoint Ms friend, John
Galvin. I declined to do it. i^He refused to consent to
the appointmeiit of any one of i the several men I sug-
gested, and said that if I sent to the' Senate the name
of any man not satisfactory to him, he would defeat
the) nomination — that he controlled the Legislature,
and demanded the patronage of the State. 'lO

'n At this meeting, and others, Mr. Murphy insisted on
certain; pledges regarding legislation, and especially
boncerning! appointments to the Public Service Com-
mission; the'^Health Department; the Labor Depart-
ment; the State Hospital Commission; the Depattmenit
of State Prisons, and the Department of ^ Highways.
I declined to make pledges. <>')

'iff Mr. Murphy' insisted that I appoint George M.
Palmer, for chairman, and Patrick E. McCabe, for
member, of the Public Service Commission of the
Second District; "The" McManus for Labor Com-
missioner; John H. Delaney for Commissioner of
Efficiency and Economy; Dr. Biggs for Health Com-
missioner; a man named Meyers for State Architect;
a man in Brooklyn for. State Hospital Commissioner,
and James E. Gaffney for Highway Commissioner, in
case I wanted to isupplant Reel. He said at first that
Reel ought to be kept ; that he was a good man ; but
that if I wanted a new Commissioner of Highways,
" Jim " Gaffney was the. best all-around man in the
State for the job. When he found out I would not

1500 Public Papeks of iGro*^ERNOE Sulzer

keep Reel, he demanded the appointment of Gaffney,
and finally issued the ultimatum — ' ' Gaffney or war. ' '

He was much opposed to Mr. Gibbs^ of, Rochester,
for State Hospital Commissioner, and said he would
not be confirmed ; and was also opposed to Judge Riley
for Superintendent of Prisons; and especially to Mr.
Rattigan for warden of Auburn Prison. He told me
that he was entitled to control the patronage of the
State ; demanded thatJ surrender to him the appoint-
ing power of the Executive, and allow him to name the
candidates for public office.

At some of the conversations I had with Mr. Murphy
I told him that I was the Governor ; that the people
elected me to be Governor; that I intended to be Gov-
ernor ; that I was not going to be a " proxy " Governor
or a " rubber stamp " for him or any other man.

He laughed at me and rebuked me for this, and said
that I might be the Governor, but h^ ! controlled the
Legislature ; that unless I did wh^t he wanted me to do
regarding legislation, State policies and. appointments,
I could not get my nominations confirmed; and that he
would block: everything I wanted -to do regarding
legislative reforms with the forces he controlled in the
Legislature. It was disheartening and discouraging rr^
but I tried: to be patient, get albng, . and do my best
for the sake of peace and the good of the general
welfare of the State, i

I saw Mr. Murphy in New York city on February
28th, when I went to New York city to attend the
Allied Real Estate Men's Dinner at the Waldbrf;
again on March 1st, at the Amen Corner Dinner;
again in Washington at the Shoreham Hotel, the night
after the inauguration; again in New York eity on
Mareih 18th. The last talk I had with Mr. Murphy
was on the night of April 12th and 13th.

ApSpendix 1501

0 From the beginning of January to April 13tli there
was hardly a day, however, that Mr. Murphy did not
send a messenger to see me with peremptory demands
to do this or to do that. Some requests were reason-
able, and I did tkem; and. some were so lUnreasondlile,
and so much against the public welfare, that I refused
to do them. By April 13th our relations were badly
strained. I could not comply with the demands of Mr.
Murphy, and I realized that we had come to : the part-
ing of the ways. =

No doubt Mr. Murphy knew before this, as well as

1 did, thatiit would be impossible for us to get along.
My views were very different from his views. I was
determined to be the. Governor; to be honest and inde-
pendent; to do my duty to all the people according .to
what I believed to be right, and to carry out, as far as
possible, the platform pledges on which I was elected.
I also wanted to treat all the Democratic county
organizations squarely whether these county organiza-
tions were controlled by Mr. Murphy or otherwise.

When Mr. Murphy found out that he could not use
me and control me, he sent emissaries to See me fre-
quently, to demand that I do certain: things, and to
threaten me if I refused. These threats began in a
small way in February, and continued with greater
vehemence up to the very night the Assembly passed
the resolution of impeachment. in^;.'

From the hour that I took my oath of office, down to
the present time, I never had any doubt as to what I
should do. All I wanted to be was honest; to do my
duty for duty's sake; and to make a clean record as
Governor. I told Mr. Murphy several timies that I
could succeed if he would leave me alone, but that I
could not succeed if I was to be a cat's paw for him,
andi do what he wanted me to do.

1502 Public Papers of Goveenoe Sulzee

Mr. Murphy told me that he had' it in his power to
wreck my administration ; to throw me out of office ;
and that if I did not stand by the " organization " and
do what he requested, he would throw me out. He
said he could pass a resolution to impeach me ; that he
had the votes in the Assembly; and that he had abso-
lute control of both branches of the Legislature. At
first I did not take these threats seriously. I could not
belieye Mr. Murphy meant what. he said.

Through Mr. Murphy, and the people'he sent to see
me, everything which has been brought out by the
Frawley Committee, including the " Vermont fabri-
eatioia;" and the "breach of promise frame-up "in
Philadelphia, were used to frighten me and to coerce
me. Besides, I was threatened with removal from
office, and' with< personal disgrace, unless I did what
Mr. Murphy ^wanted me to do.

My efforts for truly progressive government were
blocked by the refusal of the Murphy Legislature to let
me installin office men capable and willing to work
out progress. Some of my plans were thwarted by the
trelachery of men I trusted, who took" orders " from
Mri Murphy When L refused to take these " orders."
Some ■ other reforms I had undertaken, like: the ad-
vancement of conservation along the lines advocated
by you while you were President, and like the effective
regulation of railroads through the Public Service
Commission, were never brought und>er way because
Mr. Murphy planted his Legislature squarely across
my path. I was blocked at eveiy turn.

Perhaps you will agree with me that the chief serv-
ice done for the State by its present Governor was the
exposure of the monumental frauds in the Highways
and on the Canals. Some of the criminals exposed are
on their way to prison, and much of the vast plunder

Appendix tiA^J ■■ 1503

they made off with should be recovered by the State.
But not one-tenth of that story of graft has yet been

told. ' Hij: -ih

The reason why the revelations are only a fraction
of the- full sum is that Mr. Murphy, when he saw I
meant to bring the thieves to justice, caused his Legis-
lature to cut off every dollar of appropriations which
could have been devoted to the apprehension of the
criminals. Nearly all that has been done was achieved
with funds furnished by Oommissioner Hennessy, and
patriotic citizens, from their own resources, and by
me out of my own pocket. "fi"^ nv)

You, as a careful student of govermnent, and as a
former Governor of New York, are no doubt aware of
the reforms which J. succeeded in promoting in spite
of the ownership of the LegislatuTe by Mr. Murphy.

In this connection let me remind you of the reorgani-
zation, in the interest of thousands of workers, of the
State Department of Labor; of the scientific enlarge-
ment of the archaic Department of Health ; of the sav-
ing of about $8,000,000 for the taxpayers which had
been extravagantly appropriated by Mr. Murphy's
Legislature ; of the enactment sof a Full Crew Bill in
the interest of safety 'in railroad opieration; of the
laws to compel honesty in biasiness transactions on the
New York Stock Exchange; of the working out of a
scientific good-roads prograni to take the place of
the corrupt and chaotic scheme of highway construc-
tion; of a business. administration applied to the great
canals instead of a plan to promote graft; of the ap-
pointment of specialists, and men of practical knowl-
edge of their duties, to administier , affairs requiring
expert ability; of the elimination of fraud and gross
inefficiendy. in the management of State Prisons, where
unspeakable vileness and disease have been promoted

1504 Public Papeks oe GtoVeenoe Sulzbb

under the complacent administration of a Superintend*
ent who took "orders '' from Mr. Murphy. > '

My record thus far, as the Governor, tells it own
story.. Grod knows I have done my best, day in and day
out, for the State. On the record I rest nay case for
my ultimate vindication agaimsit: the vicious assaults
on my character by, Mr. Murphy.

Some of the interviews with Mr. Murphy are burned
in my memory because of his insolence to me and for
the sordid brutality of his i demands. I will not weary
you with the details of the conversations when he
called on me to withdraw the nominations of John
Mitchell as Commissioner of Labor and to substitute
the name of "The ''McM anus; that I make Gaffney
Commissioner of Highways, and that I withdraw the
nominations of Mr. Gibbs, fOr State Hospital Com-
missioner; Judge Eiley, 'for Superintendent of State
Prisons, and call off Blake and Hennessy, who were
after the grafters. This and other commands from
the Boss : — directly and indirectly ■^— I. firmly refused
to carry out. He said John Mitchell was a Eoosevelt
man, rand that he would defeatihis confirmation.

When I pleaded for an honest Direct Primary Law,
he said he would defeat myibill to fulfill the Demo-
eriatic party's pledges to the people for Direct Nomi-
nations. When I begged for a chance to make good
he mocked me. When I toLd him he would wreck the
Democratic party, and accomplish his: own political
destruction if he persisted -in shielding grafters and
violating platform pledges,^ his retort was that I did
not know what I was talking about ; that the reformers
were running me; that he had been a fool not to de-
mand promises from me at Syracuse; that he wouH
destroy me if I did not do what he demanded.
■ When I came back to Albany from New York city on
April 13th, I carefully considered my plight and the

Appendix 1505

whole State situation. I had to choose between sur-
rendering to Mr. Murphy and doing what he wanted
me to do, or resigning tlie cares and responsibilities
of my office, or fighting for what I knew was honest
and right. It did not take me long to determine not to
surrender. I could not do that and maintain my future
self-respect.

However, I thought long and seriously about resign-
ing the 6fifice — in fact, I wrote out and signed my
resignation — but finally concluded not to resign^ be-
cause it would be cowardly and in violation of my
pledges to the people.

Then I concluded to fight, and to fight hard, a;nd I
have been fighting ever since, all of which is pretty
well known to some of the people — to my friends and
enemies — and I know I have the most bitter enemies
in the State. Every agency these enemies could use to
destroy me has been used. It is a long, sad story, and
I shall tell it all when I get a chance to do so.

Many people believe that the troubles between Mr.
Murphy and myself have arisen largely from disagree-
nien,ts regarding patronage, or appointments and re-
movals from office. This is so to some extent. Mam^
people believe that Mr. Murphy and I quarreled on
account of legislation which he wanted approved and
which I disapproved. This is also true to some extent.

However, the reartrouble arose when I discovered,
through agencies which I set at work, the ]tremendous
frauds and overwhelhaing corruption existing in vari-
ous departments of the State government, by which a
few politicians and contractors were robbing the tax-
payers of millions and millions of dollars every year.
When I discovered these frauds, and had the over-
whelming proof of them submitted to me, I determined,
as a matter of duty, to set in motion the machinery of
justice, to bring the grafters to an accounting.
48

1506 Public Papers of Governor Sulzer

Tliis, and my fight for Direct Primaries, severed all
relations between Mr. Murphy and myself, and marked
me for political slaughter. It was a matter of self
preservation for Mr. Murphy and his grafting
lieutenants.

On Sunday, the 18th day of May, the New York
World published an interview with me regarding my
fight for direct primaries. Mr. Murphy read this and
accepted it as the final declaration of war. " He sum-
moned a few of his lieutenants to meet him at Delmon-
ioo's. The names of some of these men are known.
This conference lasted practically all night, and it was
finally agreed that they had to " get me," and that T
must be removed from office for their safety and
security and salvation.

As one of the men present put it: "If we don't
throw him out, he will throw us in." As another tersely
expressed it: " If we don't get him, he \\\\\ get us; it
is his life or ours."

After this Delmonico conspiracy there were subse-
quent meetings of these men, and others, who were
working night and day to get something against me to
discredit me in the eyes of the people, or sufficient to
prefer charges against me in the Assembly and thus
remove me from office.

Every agency known to astute political conspirators
was set in motion. My life was raked from the time I
was born down to the present day by detectives, in-
vestigators, and various sleuths, with the object of
finding out something that would injure me. Crim-
inals and perjurers were utilized to defame me. I was
hampered in my official duties, obstructed in the public
work, and privately hounded, vilified, denounced and
threatened.

Appendix 1507

The first thing the conspirators did in the plot to
poison the public mind against me was to put out that
' ' Vermont lie. ' ' I promptly told the truth about the
matter, and it fell flat. The document given to the
newspapers by George M. Curtis was a forgery, and I
have the proof to demonstrate it. Then came the
Philadelphia "breach of promise frame-up." That
also fell flat when I told the truth about it.

In the meantime, the Frawley Committee got en-
larged powers, by the Thompson resolution, and was
set diligently to work with the aid of paid spies, in-
formers, traitors, detectives and investigators to go
into my personal affairs, my family matters, and the
details concerning my campaign for the Governorship.
Some of these things are pretty well known to the
public, but there is much to be told about them which
I hope will come out during the trial — and I want
all the facts to come out.

Long ago, as I have said, I wanted to make a com-
plete answer to the vicious and baseless charges of tho
Frawley Committee; tell everything I know; but I was
advised against it. Many friends like you have coun-
seled me to tell the whole story plainly, and bluntly,
and honestly, and trust the people and take them into
my confidence. I have always been anxious to tell the
truth and hide nothing, and would have done so only
my counsel cautioned me against making any state-
ment, or giving out any interview, concerning any mat-
ter in connection with the case, save the statement T
gave out on the 11th of August. Naturally, I felt
bound to follow this advice, and hence have remained
silent while everything has been said and done by my
enemies to injure me, to blacken my character, to dis-
credit me, and to disgrace me in the estimation of my
fellow citizens.

1508 Public Papees of ■Govebnok Sulzek

No one can conceive how I have suffered from these
false and contemptible attacks, aad how I have: chafed
under the restraint. But I have adhered to the advice
of my counsel, no twithstandiag the abuse which has
been heaped upon me, and the lies which have been told
about me, simply because I was determined to do right
and would not be a pai^y to the Murphy system of
looting the State.

Colonel Roosevelt, my conscience is clear ; I havo
done no wrong; the truth will sooner or later prevail;
the taxpayers some day will know that because I would
not be Murphy's marionette and his proxy Governor;
that because I would not shut my eyes to the tremen-
dous frauds on the liighways and in the canals ; that
because I would not even wink at them; that because I
began to expose them — that then Mr. Murphy and the
men who have waxed fat within recent years, by reason
of this stupendous graft, made up theiT minds to get me
out of the office the people gave me on election day.

Let me hope tliat I have told you enough in this letter
— already too long-^-to justify your conclusion, as
written in your encouraging letter to me, that the at-
tempt of Mr. Murphy to destroy me is because I am an
obstacle in the way of the " Boss " and a menace in
office to the enemies of the public. It follows that Mr.
Murphy has put me on trial not for anytliing I did
before I became Governor, but for what I refused to do
for Mr. Murphy, and for what I tried to do for the
State, after I took my oath of office.

The fate to which I have been <x)ndemii!ed by ' ' The
Leader ' ' of Tammany Hall is meant by him to be a les-
son, for all timej to men in public office who dare to
serve the people, who have the courage to do "their duty
^a warning from the " Boss " to every public official
in the State not to presume to set liimself up between

Appendix 1509

the Murphy hand of plundering criminals and the tax-
payers they despoil.

Let the people consider their own interests first, and
my constitutional rights secondly. I know they are
both in jeopardy.

No doubt you have read some of the reports of Com-
missioners Blake and Hennessy about graft, which,
cancer-like, is eating into the very vitals of the State.
You know that grand juries have unearthed at the be-
ginning of an inquiry into State-wide frauds on the
highways and in the canals, thefts ranging into mil-
lions and millions of dollars. You know that when Mr.
Hennessy speaks of Tammany's graft, and the size of
the stealings, he does not exaggerate. My accusers are
the founders, and the defenders, and the beneficiaries,
of this system of loot whose further success and exist-
ence now depend on the taking of my official life.

There are men who know that I could defeat my im-
peachment if I would only consent to call off Mr. Hen-
nessy and stop the wheels of the machinery of justice
I have set in motion. I refused to listen to the
tempters, and resolved to go forward with the work
for decent citizenship and honest government — come
weal or woe. Did I do right? Time will tell. At all
events, I feel confident posterity will justify my stand
for the right.

If I were legally, or morally, guilty of a single breach
of any law — which I affirm I am not — it would be the
people of the State, in that event, who would in the end
have to bear grimly the heavier punislunent of my re-
moval from office. They would have to suffer for my
dereliction. But if I have done nothing more than
make an unwitting mistake — easily explained — lack-
ing even in moral turpitude, then the people ought to
realize that if Mr. Murphy's conspiracy against the

1510 Public Papees of Gtovekn'ok Sulzes

Governor of the State succeeds, it will mean a lasting
blot on the fair fame and the good name of our Com-
monwealth.

Faithfullj'- your friend,

WM. SULZEE.

INDEX

INDEX

♦

PAGE

Abbott, Frank A., telegrav»s from and to 1104, 1105

Abbott, Rev. Lyman, appointed delegate 559

Abraham, Robert, appointment 516

Accidents, workmen's compensation, veto of bill 248

Adams, O. S., appointed delegate 532

Addresses :

Agricultural societies, delegation 1240

Albany, Harmanus Bleecker Hall 1463

Albany Society of New York, baiKjuet 1301

birthday dinner 1284

Brooklyn, on direct primaries 1368

Brotherhood of Locomotive Engineers, delegation. . . . '. .'1239', 1244

Buffalo, business men, on political promises 1320

Buffalo auditorium, on direct primaries 1324

Catskill, on direct primaries 1405

Christian Brothers' Academy Alumni, dinner 1241

Commissioner of Education, statement regarding death of . . . 1319

Coming, on direct primaries 1359

Democratic county committees, speech to chairmen on

primary bill 1311

Democratic Editorial Association, banquet 1290

Elmira, speech in response to Rev. Father Bloomer and school

children 1352

Elmira College for Women, on direct primaries 1354

Elmira Colonnade Theatre, on direct primaries 1333

Executive Chamber, on direct primaries 1473, 1480

Fire insurance bills, remarks to delegation concerning 1299

Gfame Protectors, Albany , 1435

Gettysburg celebration 1477

Glens Falls, on direct primaries 1398

Home rule conference of Municipal Government Assooiatiom

and conference of Mayors , 1275

Hudson Valley Local Order of iloose, convention at Albany. 1479

inaugural . ,5

Infant welfare conference, Albany 1436

International Institute of Agriculture, Rome, Italy, state-
ment on .... 1253

Labor reforms, delegation 1256

Letter carriers, dinner 1308

Lotus Club, New York 1250

NartiomaJ Democratic Club, banquet 1302

National Guard Association, dinner 1245

New Rochelle, on direct ))rimaries , : .1443

New York City —

Cooper Union, on direct primaries . 1451

Maine Memorial Monument, unveiling of , 1.39r5

Niblo's Garden, on direct prijnaries , . 1385

Star Casino, on direct primaries 1378

real estate men, banquet j,. ,.,. . 1265

• Rochester, on direct puiimaries 1426

[1513]

1514 Index

Addresses — Continued : page

St. Patrick's daj', banquet, Xew York city 1280

saloons, delegation to protest against bills concerning 1298

Schenectady, on direct primaries 1342

Sealers of Weights and Measures, delegation 1248

■ Stapleton, on direct primaries 1416

State road around Storm King mountain, delegation con-
cerning 1235

United Commercial Travelers, Grand Council 1440

University Club, banquet 1261

Walton High School, delegation 1287

White Plains, on direct primaries 1443

Workmen's compensation bill, delegation regarding 1306

Wright, Silas, statement by Governor 1237

Yonkers, on direct primaries 1443

Young Men's Christian Association, Albany, noonday

luncheon to raise funds tot 1264

Adjutant-General, investigation of purchase of arsenal site, report

of Committee of Inquiry 601

statement by Governor 603

veto of bills relating to settlement of claims 2o7, 263

Adler, Felix, appointed delegate 531, 542, 543, 560

Advisory Good Roads Commission, appointment of members. . . . 529

Africano, Antonio, case of 1027

Aged, home for, veto of bill establishing 341

Agricultural Education and Country Life Advancement, appoint-
ment of member of State Advisory Board 504

promotion and direction, special message 78

Agricultural law, bills amending, approved:

almshouse farms 462

cheese, branding 463

Commissioner 455

farm products, sale on commission 461

milk adulterated 460

veto of bill amending 259

Agricultural schools, appropriations 360

bill relating to approved 477

Keuka college, veto of bill 340

Morrisville, veto of appropriations 390

report of Committee of Inquiry 715

in towns, veto of bill 335

Agricultural societies, address to delegation 1240

Agriculture, statement in annual message 34

extension work, report of Committee of Inquiry 717

Agriculture, Department of, bill to raise additional revenues

through 770

report of Committee of Inquiry 709

veto of appropriations for 367, 390

Agriculture, InternatioTial Institute, Rome, Italy, appointment of

delegates to general assembly 526

statement concerning and appointment of Vincent Astor as

delegate 1253

Ahearn, John L., appointed delegate 565

Albany, bill to abate smoke nuisance in, approved 481

Hudson Valley Local Order of Moose, convention, Governor's

remarks to 1479

speech on direct primaries, in Harmanus Bleecker Hall 1463

water contamination iliy flood, relating to 1065

Index 1515

PAGE

Albany Post Road, Westchester County, laying railway tracks

upon, veto of bill 282

new State route, emergency message with bill relating to ... . 490

Albany Society of New York, address at baiiquet 1301

Albion, see Western House of Eefuge for Women.

Alden, Carlos C, a,ppointed delegate <► 565

Alexander, Charles B., appointed delegate 533

Alexander, Rev. \V. A., appointed delegate 561

Alger, George W., appointed delegate 531

Allen, Annie Winsor, reappointment 521

Allen, Frederick H., appointed delegate 526

Allen, William H., appointed delegate 533

Ailing, Joseph T., appointed delegate 531

Almshouse farms, bill relating to, approved .'. 462

Almy, Frederick, appointed delegate 531, 545

American Academy of Political and Social Science, appointment

of delegates to meeting 532

American can stocks, activity of 1184

American Institute of Criminal Law and Criminology, appoint-
ment of delegates to meeting 565

American Mining Congress, appointment of delegates ; » 565

American Musevim of Safety, veto of bill ; . . 281

American Peace Congress, appointment of delegates 541

Amsterdam, policemen's relief and pension fund, veto of bill .... 280

Anderson, Chas. W., appointed delegate 561

Anderson, James H., appointment 506

Andersonville Prison Monument Commissioners, appointment. . . . 507

Andrews, Charles, appointment 515, 549

Andrews, John B., appointed delegate 538, 542, 543

Angell, Dr. Edward B., appointed delegate 560

Animals, destruction of diseased, veto of bills 259, 261

Ansley, George H., a,ppointed delegate '. 565

Anti-arson legislation, remarks to delegation concerning 1299

Antisdale, Louis M., appointed delegate 532

Appellate division, see Supreme Court, Appellate division.

Appeals, veto of bill amending Code of Criminal Procedure 343

Appeals, Court of, see Court of Appeals.
Appointments:

Agricultural Education and Country Life Advancement, mem-
bers of State Advisory Board 504

Andersonville Prison Monument Commissioners 507

Architect, State 509

Athletic Commissioner 503

Bingharaton State Hospital, manager 516

Blind, New York State Commission for, members 555

Board of Claims, Commissioner 510

; Buffalo State Hospital, manager 515

Central Islip State Hospital, manager 518

Charitable iiistitutions, trustees and managers. 518, 553

Charities, State Board, Commissioners 510

city officials 524

Civil Service Commissioners 509

Clinton county, county judge 508

Columbia county, surrogate 524

county officials 507, 524, 559

Craig Colony for Epileptics, managers 520

1516 Index

AiDpointments — Continued : page

Delaware county, district attorney 50J

Delhi, State School of Agriculture and Doiuiestic Sci«aee,

trustees 550

Efficiency and Economy, Commissioner 513

Emancipation Proclamation Commissioji, members 506

Embalming Examiners, Board of, member 503

Executive Auditor , 501

Extraordinary Session '.'. lOU, 54©

Geographic Names, State Board of, members ' 566

Governor, counsel 501

secretary SiQj

Govranda State Homeopathic Hospital, manager 516

Highways Commissioner 5M

honorary ^ 536/ 55S

Hudson Eiver State Hospital, nwinagprs. > 517

Industrial Board (Department of Labor), associate mem-
bers 515, 550

Kings Park State Hospital, manager. . . . ., 517

Labor, Commissioner . . : 5I4

Letchworth Village, managers 519

Long Island State Hospital, managers 517

Madison county, coroner 507

county judge, and surrogate ,. ., .524

[ Manhattan State Hospital, managers. ,.,. 516

Middletown State Homeopathic Hospital, manager 5 16

Military secretary , . 50I

Military staff .„,[,., 501

Moliansic State Hospital, managers 517

Monroe county, purchasing agent ,, 506

Monument to the 25th New.Yoi-li Volunteer Cavalry, memters

of commission ........:., 556

Mothers pensions, Commission to inquii'c into, subject of.. .. .5i>4

Motor Vehicle LegisUition, Xew York Cpmmisg'ion, members. 567

New York Agricultural Experiment Sitatioji, trustees 503

New York Gils', .justice of the city court .- 524

New York Monuments Commission, members, . .,, 506

New York State Hospital for the Care of Crippled and De-
formed Children, manager 523

New York State Hospital for the Treatment of Incipient Pul-
monary Tuberculosis, trustee ....,; 521

New York State Nautical School, menLbers of Board, qf

Governors .356

New York State Reformatory for Women, managers 520

New York State School of Agriculture on iLopg, Island, trus-
tees ;.,.... ,.,...,.. .504, 558

New York .State School for the Blind, trjiatees., , 524

New York State Soldiers and Sailors' Home, trustecis. , . . .520,, ■ 553

New York State Training Scliool for Boys, manager , 521

New York State Training School for Girls, managei-s 521

New York State Women's Belief Corps HonxCi, manager 523

Newtown Battlefield Reservation Commissioners ,.. 513

Oneida county, coroner 559

Onondaga Indians, agents 1 .il2

Palisades Interstate Park Commissioners , 512

Perry's Victory Centennial Commission, members 503, 553

Plattsburgh Centenary Commission, members a.io

Index 1517

Appointments — Continued: ■■ page

Port of Xew York, Port Wardens 511, 514

Prison Reform Commission : 970

Prisons, New, members of Commission on .' . . 554

Prisons, State, Superintendent ; . . . : 511

Probation Commission, member ;..... 558

Public Health Council, members. . . . ;' 557

Public Service Commission, First District, Commissioner. ... 511

Public Service Commission, Second District, Commissioner. . . 511

Public Works, Superintendent : 509

Rochester State Hospital, manager . .' 518

Rome State Custodial Asylum, managers . ; 521

St. Lawrence State Hospital, manager : 51(i

-Schenectady county, sheriff- 508

Schoharie State School of Agriculture, trustee. . .- 5.18

Schuyler GOunty, coroner .-'. . . ' 508

Schuyler Mansion, trustees 504

Session laws and statutes of the State, Commissioner to pre-
pare index- to .......... '. 554

State Agricultural and Industrial School, managers '518

State Custodial Asylum for Feeble-Minded Women, managers. 523

State Departments, Commissioner to investigate 992

State Fair Commission, Commissioner. . . . : ;'. . 514

State Hos.pital Comraiseionera .,..:.....' 508

State hospitals, managers '. U'>i) 515

State Industrial Farm College, manager'.'?'. : . ; 520

State Reformatory for Misdemeanants j manager; j !•;.... j."j . 519

Suffolk, county, sheriff . ,...■..: . . . .1 .: . . .■'.<'.:(. . 508

Sullivan county, coroner .' . . . ....!■.•'... i-'i f.'. ..' I'; /. . 559

Supreme Court justices '. ! .- 525

Supreme Court Libraries, trustees. 504, 505, 558

Syracuse State Institution for Feeble-Minded Children, man-
ager : ; 518

Syracuse University, State College of Forestry, trustees. 5 15, 549

'Tax Commissioner 510

Tax Law Revision Commission, membea-a. 'W«! .He. . . . 557

TTiomas Indian School, managers '. .'.':'. .■. . . 522

Tilden, Samuel- J.,. Memorial Commision, members ' 507

Utica State Hospital,' manager ;..... . . 51fi

^Ventilating System in Public. Schools, Commission '.Jv-'il-n 905

Washington-'s Headquarters, trustees jitni Av 513

Watkins Glen Reservation Commission, member Misrv 550

Western' House of Refuge for Women, manager . . '. .,..-- '518

'Willard Sta-te Hospital, manager 516

Apportionment, veto of bill providing for prompt review of 352

Appropriation bill, emergency meseajges 490, 498

■items vetoed ' 361, 3ft2

Statement concerning •. . : < .: 358

Appropriation bills, preparation by State Board of Estimate,

bill recommending . : .. j. . ; 656, 770

Appropriations, form of act should be changed, to show titles of

positions . . .-.• ; ; ■ 658

recommendations of. Committee of. Inquiry 657, 686

Appropriations for 1913, statement by Governor regarding 356

schedule of, recommended, by Committee of Inquiry 678

Approved bills, memoranda filed with: • .

■ actions to recover damages for causing, death 428

1518 IXDEX

Approved bills, memoranda filed with — Continued : page
Agricultural law, bills amending:

adulterated milk 460

almshouse farms 462

cheese, branding 463

Commissioner of Agriculture 455

farm products, sale on commission 461

Albany, bill to abate smoke nuisance in 481

Banking law, bill amending 416

Bennington battlefield, preservation of 474

Business Corporation law, bill amending 464

Canandaigua, bill incorporating 457

City law, bill amending 429

Civil rights law, bill amending 433

Comptroller, approval of contraots 450

Education law, bills amending 442, 477

Efiieiency and Economy, creating Department 435

Election law, bill amending ., 482

Ellicott creek, deepening channel and repairs of bridges 469

Estimate, State Board, establishment 435

Finance law, bill amending 450

Forestry, State College at Syracuse •. . . 470

Judiciary law, bill amending 452

Labor law, bills amending 439, 448

Long Sault Development Company, repeal of charter 459

Membership Corporations law, bill amending, relating to

cemetery corporations • 421

New York charter, bill amending 438

New York State Nautical School, maintenance and govern-
ment 444

Oneida county, jails and prisons, maintenance 441

sheriff 441

Palmer, Caroline, disposition of real property 418

Penal law, bills amending:

cocaine or eucaine, sale or possession of 465

Labor law, violation of 4&3

Sunday traffic 454

Public Health law, bill amending 466

Railroad, law, bill amending. Full Crew bill 424

Rochester, erection of State armory 480

Stock transfer tax 482

Supreme Court, appointment of interpreters 452

Thaw, Harry K., case of, appropriation for counsel employed

by Attorney-General 415

Tilden, Samuel J., bill providing for celebration of .birthday. 476

Tuberculosis hospitals, establishment of wortohops 449

Architect, State, appointment 500

investigation of office, concerning Capitol contracts 944

letter from 1225

reorganization of office, message on 1'5S

report of Committee of Inquiry 734

State Department, bill to create, emergency messages .... 492, 498

Armory at Malone, addition to, veto of bill 348

at Yonkers, erection, veto of bill 346

Armstrong, Sarah F., reappointment 523

Arnold, Lynn J., appointed del^ate 565

Arnstein, Leo, appointed delegate .530, 542

Arsenal site in Albany, investigation of purchase by Adjutant-
General 601

Index 1519

PAGE

Art Commission, message on 160

emergency message 498

As'pinwalT, Josepli, appointed delegate 565

Astor, Vincent, appointed delegate 526, 565, 1253

Athletic Commission, report of Committee of Inquiry 703

veto of appropriations for 366

Athletic Commissioner, appointment * 503

Attorney-General, appropriation for counsel employed by, in

Thaw case, approved biM 415

letter from, relating to waters of Niagara river 94

letter from, relating to Yonkers railroad company 1144

letter requesting a hearing on the Niagara power bill 1061

report of Committee of Inquiry 693

veto of appropriations for 373, 374, 375. . 376

Auburn, strike of employees of International Harvester Co., re-
lating to -1080, 1093

Auburn, Sunnyerest Sanatorium, veto of bill relating to 286

Auburn prison, report of George W. Blake on 867

present conditions 979

Auchenpau, W. B., appointed delegate 538

Auditor, executive, appointment 501

Auerbaeh, Joseph S., appointed delegate 565

Austin, H. Le Roy, appointed delegate 565

Automobile Department, inspections bureau, veto of appropria-
tions 362

Automobiles, see Motor vehicles.

Ayres, Leonard P., appointed delegate 533

Baccelli, G. P., letter from. . . 1227

Bacon, Henry, appointed delegate 665

Bailey, Edward T., deceased 507

Bailey, Liberty Hyde, term as reformatory manager expired 519

appointed delegate : 565

Bain, H'oratio N., reappointment 517

Baker, Charles W., appointment 512

Baker, Hugh P., appointment 565

appointed delegate 661

Baker, S. Josephine, appointed delegate 334

Bakeries, law relating to, message on 156

Baldwin, Dr. Edward R., appointment on Public Healtli Commis-
sion, statement by Governor 606

Baldwin, Edward R., appointed delegate 534

Baldwin, Jos. C, Jr., appointed delegate :544, 559

Bancroft, George W., telegrams IftSl, 108'2

Banking corporations, misconduct of officers, bills relating to ... . 776
Banking Department, charges by depositors of the VVasliington

Savings Bank against Superintendent Van Tuyl 815

reply of Superintendent to charges 8210

reply to cliiarges of W. D. Cameron 796

report of Committee of Inquiry 737

Banking law, act to create a commission to revise 775

.bill amending, approved 416

emergency message 488

bills amending, recommended by Committee of Inquiry 775

veto of bills amending,. .'. . .226, 320

Barge canal, junction locksi at Rome and Mohawk, veto of bill for

construction 343

1520 Index

PAGE

Barge canal terminaJs, appropriation for payment of interest on

debt, emergency message 491

veto of bill 355

Barnette, John A., appointed delegate 534

Barondess, Joseph, appointed delegate 538

Barrett, Nathan F., appointment 512

Bartow, Mrs. Bernard, appointed delegate 560

Batavia, veto of bill incorporating . . 242

Bates, Edward, appointment 970

Bath, see Xew York State Soldiers' ^nd Sailors Home.

Battles, Mrs. Sarah, appointed delegate 563

Baucus, Frank M., appointed delegate '. 529

Beal, Joseph, term expired , 520

Beckiyith, Col. Clinton, appointment 506

Bedford, see New York State Reformatory for Women.

Beitler, Lewis E., letter from 1227

Bell, Thomas, appointed delegate 562

Belmont Park, gambling at 1159

Benedict, H. H., appointed delegate , 534

Benham, Warden 868

Bennett, John, appointed delegate 538

Bennett, William S., appointed delegate 542, 566

Bennington battlefield, appropriations for acquisition of 360

bill for preservation approved 474

Berry, Capt. Charles W., appointment 502

Biggs, Herman M., appointed delegate 534

appointment on Public Hfealth Commission, statement by

Governor 60S

appointment on Public Health Council 557

B'ijur, Nathan, appointed delegate 566

Bingham, Gertrude, appointment 555

Binghamton, veto of bill amending charter 217, 253

Binghamton State Hospital, appointment of manager 516

veto of certain appropriations for 302

Biracree, John B., appointment 508

Bisohoff, Henry, deceased 52S

Bishop, Rev. C. H., appointed delegate 562

Bishop, George W., veto of bill relaiting to 322

Bissell, Mrs. Elmer J., appointed del^ate 531

Bissell, Herbert P., appointed delegate 566

Bissikummer, Charles H., appointment 556

Black, Mrs. Elmer, appointed delegaite 533, 541

Black, Frank S., proclamation relating to death of 11

Black river, reconstruction of causeway or dyke, veto of.appro-

, priations for '.•■ ■ 407

Black River canal, bridge at Port Leyden, veto of bill 340

bridge at Rome, veto of bill 340

veto of bill for improvements 332

Blair, Mrs. Elmer, appointment 557

Blake, Frajik, appointment 522

Blake, George W., appointed to investigate State prisons 855

report on Auburn Prison 867

report on Great Mteadow Prison 856

supplemental report 885

statement concerning construction of 985

report on Sing Sing Prison 898

Index 1521

PAGE

Blake, Michael H., term expired 511

Blanchard, A. H., appointed delegate 529, 544

Blauvelt, statement in relaiion to State Rifle Range at 1045

Blind, in the city of Xew York, bill for relief of, approved 438

Blind, New York Stale Commission for, appointment of members. 555

Blind voters, assistance, veto of bill ! . 316

Bliss, Caroline H., reappointment 518

Bliss, William H., appointed delegate 534

Bloodgood, Clarence E., appointed delegate 566

Blum, Edward C, nomination 171. 552

Blum, Mrs. Hannah, appointment 970

Blunt, Captain Hamilton H., appointed delegate 564

Board of Claims, see Claims, Board of.

Boardman, Mabel T., telegram from 1190

Boards, see specifio nam.es of.

Bonds, State, bills relating to, emergency messages. ... 135, 487, 497

letter regarding 1219

proclamation relating to 13

statements by Grovernor 15, 1107

Bonney, Nelson P., appointed delegate 566

Bookstaver, Mrs. Wm., appointed delegate • 560

Borst, Henry V., appointment 525, 566

to hold extraordinary trial term of Supreme Court 595

Boulton, Alfred J., appointed delegate 531, 538

Bowen, Ralph S., reappointment 518

Boxing exhibitions, letter relating to 1183

Boyle, James F., reappointment 519

Brady, John J., reappointment 520

Braham, Chester A., appointed delegate 534

Brand, John, appointment 513

Brandt, Folke Engle, concerning application for executive clem-
ency . . 1002

condition annexed to pardon 1003

Bredel, Clara H., appointed delegate 534

Breen, Arthur, appointed delegate 538

Breen, J. M., appointed delegate 538

Bireen, Matthew P., appointed delegate 566

Brennan, John, appointed delegate 539

Brentano, Simon, appointed delegate 539

Brewster, E. Frank, appointment 5^4

Brewster, George R., appointment 513

Bridge Commission, interstate, veto of bill creating 342

Bridges, construction and maintenance, veto of bills. 335, 336, 341, 342

Briggs, Albert H., appointed delega,te 534

Briggs, E. H., appointed' delegate 544

Brisbane, Arthur, reply to letter from 1153

Broas, Col. Henry C, appointment 556

Bxoder, Juliu-s, appointed delegate 526

Bfonk, John S., appointment ; 518

Brooklyn, Borough of, see New York (city).

'Brooklyn Heights Railroad Company, claim against, veto of bill. . 331

Brooks, Rev. E. A. U., appointed delegate 562

Brooks, Rev. W. H., appointed delegate 561, 562

Brotherhood of Locomotive Engineers, r^arks to delegation .... 1239
Brotherhood of Locomotive Firemen and Enginemen, remarks to

delegation 1244

1522 Index

PAGE

Brown, Alexander T., appointment olo, 549

Brown, U. Henry, appointment 508

Brown, Frederick C, resignation and term expired 521

Brown, George H., appointment 521

Brown, George L., nomination ' 170, 553

Brown, George R., appointment 507

Brown, Latlirop, appointed delegate 527

Brown, Mrs. Louise, appointed delegate 564

Brown, Mrs. Walston, appointed delegate 531

Brown, William C, appointed delegate .)26, 534, 564

Brubacker, A. R., appointed delegate 534

Bruce, Dr. Hortense V., appointed delegate 545

Bruckheimer, Samuel, appointment 501

Bruckner, Henry, appointed delegate 528

Brush, Melville E,:

charges against 777

appointment of Commissioner 778

opinion of Governor 779

order of removal 787

removed from office .508

Bryan, \Mlliam J., correspondence with 10Sr>, 108il3, 1218, 1219

Buffalo, business men, address at luncheon in honor of Governor. 1320

strike of street railwaymen, in relation to 1099

veto of bills:

anniversary of battle of Lake Erie, designating holiday. 321

building for branch ofBces of State officers 352

burial of members of certain religious corporations. . . . 217

city court, salaries of judges 219

Hopkins street, jurisdiction and control 248, 317

playgrounds 222

police pension fund 220

public buildings, bond issues for 219

purchasers of land at tax sales, amending charter. .247. 3L9

recreation pier and casino on park property 246, 3^0

water worlcs system, bond issue. 247. 278, 319

Buffalo auditorium, speech on direct primaries 1324

Buffalo State Hospital, appointment of manager 515

veto of certain appropriations for 302

Bugbeem, P. I., appointed delegate 534

Buildings, see Public Buildings.

Bulgarian atrocities, protest against 1229

Bulger j Charles X., appointed delegate 566

Burd, George B., appointment .i55

Burdick, Daniel W., appointed delegate 544, 559

Burdick, Francis M., appointed delegate 566

Burdick, Silas G., appointment 507

Bureaus, see specifio names of.

Burke, John H., appointed delegate 566

Burkett, C. W., appointed delegate 565

Biirligh, Prof., Wm., appointed delegate 562

Burns, Charles, appointed delegate 539

Burns, William H., reappointment 511

Burrell, Mrs. S. J., appointed delegate 563

Burrit, M. C, appointed delegate 565

Burton, John Reginald, appointed delegate 565

Burton, Walter C, resignation 509

Business corporation law, bill amending approved 464

Index 1523

P.VQB

Business law, bill amending, emergency message 487

veto of bill amending, track scales for weighing carload

freight 330

Butler, Edward H., appointed delegate .529, 532

Butler, E. H., Jr., appointed delegate. ., 534

Butler, Nicholas .Murray, appointed delegate , 541

Butts, L. P., appointed delegate 529

Byard, James, Jr., appointed delegate 566

Byne, Mrs. Derith, appointed delegate 562

Byrd, Rev. \Ailliam A., appointment 506

appointed delegate 562

Calder, William M., appointed delegate 527

Cameron, Frederick W., appointed delegate 566

Cameron, W. D., charges concerning Xorthern Bank of Xcw "Sork. 796

Campbell, Grace, appointed delegate 561

Campbell, Willson E., appointment 553

Canadian Forestry Convention, appointment of delegates 561

Canal claims and boards of claims, report of committee of in-
quiry 668

Canal debt, appropriation for payment of interest on, veto of bill . 355

payment of interest on, emergency message 492

Canals, bonds for improvement, veto of bill providing for 212

date of opening 1186

letters from Duncan W. Peck regarding 1196, H9'8

rate of wages of laborers on 1198

Canandaigua, bill incorporating approved , 457

Canfield, Geo. F., appointed delegate 559

Oanfield, W. W., appointed delegate 533

Cannon, Jos. D., letters from and to 1054, 1056

telegrams 1052

Capes, Wm. P., appointed delegate 560

Capitol, appropriations for reconstruction of 361

contracts, report of John A. Hennessy on 944

reconstruction, letter from State Architect 1225

Carew, John F., appointed delegate 528

Carey, Jeremiah T., appointed delegate 539

Carlisle, Rev. J. C, appointed delegate 562

Carlisle, John N., appointment ■ as Highway Commissioner 514

appointment to investigate State departments 652

appointed delegate 566

Carmel, extraordinary trial term of Supreme Court in 596

Carmody, Thomas, see Aittorney-General.

Carnegie, Andrew, appointed delegate 534, 541

Camochan, Gouverneur Morris, appointment 519

appointed delegate 545

Carr, F. D., appointed delegate 534

Carr, James D., appointment .• t 506

appointed delegate , , 563

Carter, William, appointed delegate 566

Gary, Eugene, term expired , . , , 561

Cassedy, William F., reappointment 513

Catskiil, address on direct primaries 1405

construction of brick pavement as ipart of route number

three, veto of bill 345

Cattaraugus creek, veto of appropriations for improvements .... 407

Cayuga county, clerk, veto of bill relating to 268

conveyances upon tax sales, veto of bill 328

1524 Index

PAGE

Cayuga nation of Indians, claim of, bill relating to 773

veto of appropriations for 403, 404

Cemetery corporations, in Nassau county, formation, bill relating

to approved .....';.. 421

Cemetery lands, veto of bill relating to. 327

Cemetery monuments, veto of bill relating to 337

Central Islip State Hospital, amount recommended for repairs. . T66

appointment of manager 518

veto of certain appropriations for 303

OhafTee, Newton A., term expired- •:■ ' 522

Gliamplain canal, construction of bridge over, veto of bill 332

Chandler, Walter M., appointed delegate 528

Chapman, I. L., resignation 508

Chapman, Mrs. John Jay, appointmeni?. . 970

unable' to serve. ....'.:■.;'.....: . . .' 971

Charitable institutions, appointmen't of trustees and man-
agers .■'.'...: .518, 553

retirement of employees, veto of bill 337

report of Coitimittee of Inquiry 727

Charities, State Board, appointment of Commissioners 510

report of Committee of Inquiry 76fi

veto of appropriations for 36S, 394

Charity and Correction, American Association, appointment of

delegates to conference 544

Charles,' Walter, appointed delega7tei. .■■..'. . : . : 539

Chase, Charles J., nomination . ;';.'. 170; ■ 552

endorsement as Public Service Commissioner ..'■.•'. . . 1244

Chase, Emery A., appointed delegate 566

Chase, Rev. William Sheafe, appointed delegate 534

Chattel mortgages, filing, veto of bills 326. 347

Cheese, bill relating to branding approved 463

Cliester, Alden, appointed delegate 566

Child life, protection, statement in annual message 30

Children, employment, emergency message........:........... 489

. employment after school, veto of bill; amending labor law . . 330

Choate, Joseph H., appointed delegate.' 559

Christian Brothers' Academy Alumni; address at dinner 1241

Church, F: B., appointed delegate ..........:...'. 566

Qli.urch, Sanford'T;,"appointed delegate. .' 566

Ciavarella, Raeffele, conclusion Of 'Governor not tt) interfere.... 1014

report of Commission on mental condition : . . . 1015

' Governor refuses to further interfere. '.'.:....; .'. . . 1016

Cities, bills relating to vetoed. 245, '278

/ fire departments in 283

patrolmen, bill to promote 'health and eiftcielicy of 278

special bills, not accepted by Mayors 252, 284

sundry bills, not returned by Mayors 274, 286, 287, 299

Cities, first class, abolition of horse cars, veto of bill . 241

second or third class, government, emergency message ....... 498

power of local government, bill relating to, approved 429

City charter bill, optional, message recommending enactment . . . . 161

City law, bill amending approved 429

veto of bills amending :

■plumbing, corpbrat'ions engaged in the business of. 352

powers of cities .'. .321, 353

salaries in sec6nd' class cities.* .'.....'...'. 279

City officials, appointments . . . .' 524

Index 1525

PAGE

Civil Procedure, Code of, see Code of Civil Procedure.

Civil rigjits lavir, bill amending, approved 433

Civil service, statement in annual message 33

Civil Service Commission, forms filled out by 670

report of Committee of Inquiry 697

veto of appropriations for 364

Civil Service Commissioners, appointment 509

Civil sei^vice law, Walker bills amending, on veto of 1211

veto of bills amending:

elassifled service in certain cities 253

examinations for promotion in police or fire depart-
ment of a city 351

removal, suspension and reinstatement of employees. . . . 281

vacations and leaves of absence for employees 361

veterans,! legal expenses of 344

veterans andvolunteer firemen, legal expenses 316

Civil Service Reform Association, letter from. 1212

Claims, Board of, appropriation for,, veto of bills ...... 364, 386, 410

Commissioner, appointment 510

jurisdiction lin special cases, veto of bills 223, 228, 318 337

• recommendations of Conmiittee of Inquiry 669

veto of bills relating to 327, 330

Clancy, John E., appointment .51.5, 549

appointed delegate ; 528

Clark, Edward, appointment, 557

Clark, Frank W., appointed delegate 532

eiiark, John C, resignation. . , 517

f^'ark. It. Pierce, resignation : 519

Clark, Mrs. Richard E., appointed delegate 564

Clark, iShepard B., appointment: 508

Clarke, Laura B., reappointment 523

Clary, James A., appointed delegate 533

Clayton, John, appointment 506

Clayton, John B., appointed delegate 563

Cltearwater, Alphonso 1'., .reappointment 568

Cleveland, Mary B:, appointed delegate 534

Clews, Henry, appointed delegate S34

Clinton, Eugene, term expired 505

Clinton county, judge, appointment 508

Clinton House, veto of a^prbpriations for 406

Clute, John A., reappointment 550

Cobleskill, Schoharie School of Agriculture, see Schoharie State

School of Agriculture.

Cocaine,, .sale or possession of, bill relating to, approved. . . ; .... . . 465

Cochrane, Aaron V. 'S., appointed delegate . . : . : : , ; i'.',. , '. . . 566

Code of Civil Procedure, bill amending, approved. ...... ..'.,'•.• ■ ■ 428

' '. veto of bills amending:

Claims, Board of, jurisdiction ; 316, 337

justices' courts, costs in 256

persons who may not act as attorney in ,316

justices of the peace, taking of oaths by. 230

liability of State and jurigc^iotion of Board of Claims .... 337
New York City court, compensation of ofiticers aad em-
ployees ■;■••,■ ^•,•^• ■ f • :■:■/-'• ■ .• 285

sales of real property i ..;.., ,.......,.,. . 315

temporary possession pending condemnation proceiedihgs . 352

witnesses 352

1526 Index

PAGE

Code of Criminal I'rocedure, bill amending

defense of insanity 77i

veto of bills amending

appeals 34a

counsel, compensation of in capital appeal cases 314

return of depositions 353

Coffin, Charles A., appointed delegate 534

Coffin, Samuel B., appointment 524

Cogswell, Ledyard, reappointment 504

Cohalan, Daniel F., matter of charges against 943

message transmitting report of Grievance Committee of New

York Bar Association 154

Oohn, Morris, Jr., appointed delegate 566'

Coley, Harrison W., appointment : 524

College of the City of New York, receiving bids for, veto of bill. . 318

Collier, Robert J., appointed delegate 534

Collingwood, H. W., appointed delegate 565

Collins, Capt. Louis D., appointment 502.

Columbia county, surrogate, appointment 524

Commercial Travelers, Grand Council, address at 13th annual

session 1440

Commissions, see specific names of.
Committee of Inquiry into State departments :

appointment 652

appropriations recommended by 686

legislation submitted 770

recommendations in annual message 38

report , 653

report on sinking funds ,. , 361

special message transmitting report ' 89'

State prisons, conclusions in relation to conduct and adminis-
tration of 835

Commutation of sentences :

Miantelli, Vinoenzo 1004

Nicholas, William 1005-

Toledo, Rafael ' 1035

Comptroller, approval of contracts, bill approved 450

cancellation of a. tax sale in Kings county, veto of bill .... 325-

counsel, examiners, auditors and assistants, veto of bill. . . . 262
power to audit and examine expenditures, bill relating

to 656, 770

report of Committee of Inquiry 691

sinking funds maintained by, report on by Committee of

Inquiry 361

veto of appropriations for 362, 363, 373

Congdon, John B., appointed delegate 534

Conlin, Andrew J., appointed delegate 534

Conlon, Edward E., appointment 50i7

Connelly, John M., appointment 513

Conners, Mrs. William J., appointed delegate 534

Conners, William J., appointment 503

appointed delegate 534

Connible, Barber B., appointed delegate 566

Connelly, Maurice E., appointed delegate 566

Connors, William, appointed delegate 532'

Conroy, D. J., appointed delegate 539

Index 1527

PAGE

Conry, Mie'hacl F., appointed delegate , 528

Conservation, statement in annual message 28

. special messages 40, 94, 110

Conservation Department, reorganization, special message 108

report of Committee of Inquiry 731

veto of appropriations for 308, 369, 370, 398, ' 399

Conservation law, bills amending 771

message recommending amendment of section 310' 150

veto of ibills amending 2fi7

hares and rabbits, taking of 326

hydro-electric plant at Vischer Ft'rry 29'5

lands, forests and public parljs 326

pheasants, open season for 321

suckers, hooking through the ice 321

Warren county, Ashing in certain waters of 321

Conservation, see also Water storage corporations.

Constitutional convention, emergency message on 498

message recommending passage of bill concerning 138

veto of bill providing for 231

Continuation schools, bill relating to approved 477

Contract and supply. State Board, bill relating to 656, 770

Converse, Fred E., appointed delegate 566

Conway, Thomas F., appointment 554

lappointed delegate 566

Cook, Dean H. E., appointed delegate 565

t'ooke, May Perry, reappointment 515

C'ooper, James Fenimore, reappointment 50i4

Cornell, Daniel T., appointment 504

resigned 558

Cornell University, trustee, nomination 550

Cornell University, Xew York State College of Agriculture,

appropriations for 360

veto of bill relating to 339

Corning, address on direct primaries 1359

veto of bills apiending charter 189. 287

Cornish, E. J., appointed delegate 542, 543

Cornwall, Harold D., appointment 515, 540

Correspondence . . » 1183

See also under names of persons.

Cortelyou, George B., appointed delegate 534

Cost of living, statement in annual message 27

Costigan, Capt. William J., appointment 502

Coudert, Frederic E., letter from 1206

Counsel to the Governor, appointment 501

Counties, commissioners of jurors, veto of bi'll 265

County autonomy and political independence, address on 1290

County law, bill amending, emergency message . 490

veto of bills amending:

county charges 226

discriminations of newspapers for publication of session

laws 294

dogs, registration 223

limitations of credit of towns and counties 315

losses from deposit of funds incurred pursuant to court

orders ' 260

County officials, appointments 507, 524, 559

1528 Index

PAGE

Court cle.signatione • ' 573

Court of Appeals, alterations of (State house for use of, VEto

of bill 348

designation of Justice Nathan L. Miller as associate judge. . 574

retirement of employees, veto of bill , 329

Court of Claims. See 'Claims, Board of.

Courts, act to simplify practice in, emei'gency message 4fld

message recommending plan for simplification of legal pro-
cedure 4,5

special terms 589

C'oville, Luzerne, appointed delegate 534

Cox, Frederick H'., term expired 504

Cox, James JI., telegrams to 1189, 1192

telegram from 1190', 1 193

Cox, Mrs. John \V., appointed delegate 534

Cra'ig Colony for Epileptics, Sonyea, amount recommended for

repairs • 769

appointment of managers 520

Crane, Frederick E., appointed delegate 566

Crapsey, Rev. Dr. A. S., appointed delegate 545

Creamer, Thomas J., appointment 557

Crennan, John J., appointment 517

Criminal Procedure, Code of. See Code of Criminal Procedure.

Crocker, Edwin M., appointment. 5.5.5

report on prison conditions 983

Cropsey, James C, appointed delegate 5&6

letter from 1 1.52

Croton watershed, pollution of 1138

Orouoh, Leonard C, appointment 525

Crowley, Thomas J., appointed delegate 539

Cullen, Richard J., appointment 515, 550

Cullin, F. D., appointed delegate 566

Cummings, Thomas J., appointment 514

Curis, Rev. J. L., appointed delegate 561

Curran, Richard H., appointed delegate » 539

Currey, Gabriel F., appointment 5'56

Curtis, Mrs. James, appointed delegate. 564

Curtis, .James L., appointed delegate 563

Curtis, Jos. L., appointed delegate 563

Cusani, enclosures in Mr. Bryan's letter from 1087

Cushman, Daniel B., appointment .- 505

appointed delegate 530

Cutler, Obadiah W., nomination 169 651

Cutting, R. Fulton, appointed delegate 534

Cutting, Mrs. Robert Fulton, appointed delegate 533

Dahlman, James C, telegram from 1190

Dale, Harry Howard, appointed delegate 527

Dalrymple, Isaac, appointment 520

Dalzell, Fred B., appointment 556

Damages for causing death, bill relating to actions to recover

approved . 428

Danfortli, Henry G., appointed delegate 528

Daniell, Lieut, John F., appointment : . . 502

Daniell, Rev. W.,- appointed delegate ". . . 562

Daniels,' Josephus, correspondence with 1173

Index 1529

PAGE

Darlington, Thomas, appointed delegate •. 533

Darrow, J. W., appointed delegate 565

Davidson, George G., Jr., term expired 519

Davidson, H. P., appointed delegate .- 534

Dawes, Spencer L., appointed delegate 534

Dawson, Miles il., appointed delegate 542, ^ 543

Day, James E., appointment 504

Death, actions to recover damages for causing, bill approved .... 428

DeBaum, Alonzo E., escheated lands, veto of bill 234

Debt, State, statement in annual message 24

Dfeeker, Martin S., chairman of Public Serviui' Commission 552

Deer, Arthur J., appointment .' 558

appointed delegate 530

DeForest, Robert W., appointed delegate. 531, 542, 543. 5«0

De Kay, Eckford Craven, term expired 501

Delaney, John H., appointed to investigate State departments . . 652

appointment as Commissioner of Efficiency and Economy. . , . 513

Delaware and Hudson canal, surveys for improving, veto of bill. . 344

Delaware county, district attorney, -appointment 507

Delaware river, dykes for protection of property, veto of bill. ; . . 332

Delehanty, James, veto of bill relating to 322

De Leon, Edwin \\., appointed delegate 542, 543

Delhi, State S"hool of Agricu'.ture and Domestic Science, appoint-
ment of trustees 550

appropriations for 360

Democratic county committees, speech to chairmen on primai-y

bill . 1311

Democratic Editorial Association, address at banquet 1290

Detnorest, William C, appointed delegate 534

de Mott, Charles, letter to 1164

letter from Il(i4

Dental licenses, veto of bill relating to. 316

Departments, see specific names of.

Deposit, veto of bill amending charter 269

De Ronde, Abram, resignation 512

Resignations, court 573

DeVine, Edwa,rd T., appointed delegate 539, .142, ,')43 560

Dewey, Alice Chipman, reappointment 523

Diedling Rudolph P., nomination 17(1, 552

Digney, John M., appointment 504

Dignum, John, appointed delegate , 539

Dillon, J. J., appointed delegate 564

Dinsmore, William B., reappointment 317

Direct election of U. iS. senators 25, 39

Wrect primaries, see Primaries.

Direct tax, emergency message 492

message relating to 147

veto of bill 354

Dittenhoefer, A. J., appointed delegate 535

Dittenhoefer, Abraham, ap.poiiited delegate 560

Dixon, J. M., appointed delegate 563

Dabson, N. B., appointed delegate 561

Docks and piers, inspection, veto of bill 354

Dodge, Cleveland H., appointed delegate 535

Dogs, registration of, veto of bill . . . . , 223

Dollar, E. H., appointed delegate 538

1530 Index

PAGE

Donnelly, Michael T., ai>pointment 514

Donnelly, Thomas F 524

appointed delegate 566

Donohue, Anthony P.', appointed delegate 539

Donovan, Captain, telegram to 1193

Dooley, James, appointed delegate 53!)

Dooling, Peter J., appointed delegate 528

Doran, James, reward for capture of 107!)

Dos Passos, John R., appointed delegate 566

Doty, Madeline, appointment 971

Dougherty, James E., reappointment 519

Douglas, Curtis N., terra expired 552

Douglas, James, appointed delegate 535

Douglass, Edwin T., appointment 556

Douglass, James' A., term expired 521

Dow, Charles M., term expired 551

Dowd, Thomas H., appointed delegate 566

Dowling, Robert E., appointed delegate 539

Dowling, Victor J., appointed delegate 566

Downey, P. J. letter from 1101

report on Auburn disturbances 1095

Draper, Andrew S., appointed delegate 535

statement concerning death of 1319

Dieier, Mary, appointed delegate 539, 542

Driscoll, Daniel A., appointed delegate 529

Driscoll, George \V., appointment 515, 549

Drummond, Michael J., appointed delegate 560

letter from 1195

Du Bois, Dr. W. E. B., appointment 506

Dugan, Daniel J., appointed delegate 541, 566

Dugro, Philip Henry, appointed delegate 566

Dunham, George E., unable to serve 550

Dunn, Thomas B., appointed delegate 528

Duras, Victor H., appointed delegate 570

Dutchess county, assessment for school purposes of certain State

lands, veto of bill 204

Eastern Xew York Reformatory. Xapanoch, amount recommended

for repairs 768

veto of certain appropriations for 310

Eaton, Mrs. Horace A., appointed delegate .'jSl

Faton, James W., nomination 171, 551

Economy of State officers, statement in annual message 37

Education, appropriations for promotion of 360

Education, Commissioner of, statement regarding death of 1319

Education, International Conference on, appointment of delegate . 570

Education building, appropriations for finishing 3fil

care and cleaning service, veto of appropriations for 398

care and custody of, veto of bill 271

Education department, veto of appropriations for 367, 390

report of Committee of Inquiry 705

Education law, bills amending approved 442, 477

veto of bills amending:

agricultural schools in towns 335

contracts for the instruction of pupils 236

Dutchess countv, assessment of lands in 204

Index 1531

Education law — Continued : page
veto of bills amending — Continued :

high school education in rural communities 240

Keuka college, State School of Agriculture 340

New York State Library, branch in capitol 343

normal and training school, establishment on Long

Island 343

normal schools, salaries of teachers 350

publication of notice of meetings in union free school

districts 236

truant schools _. 347

Efficiency and Economy, Commissioner, appointment 513

bill relating to (ioO, 770

Department of, bill providing' for approved 4o.5

Ehrich, Mrs. Manfred W., appointed delegate 531

Eidlitz, Otto M., appointed delegate 542, 543

Einstein, Mrs. William, appointment 554

Election law, bill amending approved 482

veto of bills amending 1!)0, 207, 208, 268, 344

blind voters, assistance of 316

commissioners of elections 344

members of State committees of political parties 210

Election laws, special message 101

Elections, superintendent, report of Committee of Inquiry 700

Electoral reform, statement in annual message 27

Electric light, heat and power companies, veto of bill relating to. 315

Elias, Abram J., nomination 16!), 551

appointed delegate 535

Elias, Mrs. Abram J., appointed delegate 535

Elkus, Abram I., appointed delegate 53!l, 567

Ellicott creek, bill providing for deepening channel and repairs

of bridges approved 469

Ellison, William B., letter to regarding flre insurance in-
vestigation 604

message transmitting report of 50

Elmira, charter, veto of bill amending -, 220

deposits of school money, veto of bill 333

speech in response to Rev. Father Bloomer and school chil-
dren on direct primaries . 1352

Elmira College for Women, address on direct primaries 1354

Elmira Colonnade Theati'e, speech on direct primaries 1333

Elting, Arthur W., appointed delegate 535

Elwood, H. C, appointed delegate 538

Elwood, J. F., resignation 514

Ely, Robert Erskine, appointed delegate 535

Emancipation of the Slaves, Fiftieth Anniversary, appointment of

delegates ^ 563

emergency message , 491

Emancipation Proclamation Commission, appointment of members 506

Embalming Examiners, Board of, appointment of member 503

Emergency messages, see Messages, emergency.

Emerson, Harrington, appointed delegate 535

Employees, physical examination, bill approved 448

Engineer and Surveyor, report of Committee of Inquiry 734

Erie canal, bridge over, in Utiea, veto of bill 341

bridge over, in Wh'.tesboro, veto of bill 341

junction locks at Rome and ilohawk, veto of bill 343

1532 Index

PAGE

Erlanger, Mitchell L., appointed- delegate 567

Ernest, Ferdinand A. L., escheated lands, veto of bill 234

Escheated lands, Brooklyn, veto of bills relating to 234

Estima,te, State Board of, bill relating to 656, 770

bill establishing approved 435

Eucaine, sale or possession of, bill relating to approved 465

Excise Department, report of Committee of Inquiry :..... 694

veto of appropriations for '. . 3164, 365

Executive auditor, appointment 501

Executive Department, report of Ck>mmittee of Inquiry 688

Executive law, bill amending . . ; 770

veto of bill amending 262

Extraordinary seeeion of the Legislature, proclamation con-
vening 16

Factories^ bill relating to approved . . . 439

employment of children, emergency message. 489

Factory ' Insjiectors, International Association, appointment of

delegates .....:. 538

Fair, sec State Fair.

Fairchild, George AV., appointed delegate 528

Fairchild, Herman Leroy, appointment 555

Far Rockaway Bay, use of nets, veto of bill ' 267

Farm and industrial colony for trampSj' bill to repeal act jiro-

viding for .' : . . . . 776 .

report of Committee of Inquiry 759

Farm bureaus, appropriations for establishment of 360

Farm for women, veto of appropriations for 367

Farm products, sale on commission, bill relating to approved!. 461

Farrell, Elizabeth E., appointed delegate 535

Farrell, George A., appointed delegate 539

Fassett, Mrs. J.. Sloat, appointed delegate 535

Federal Aid Good Roads Convention, appointment of delegates.. .527
Feeble-minded criminals and defectives, bill providing for ex-
amination of . ' 776

report of Committee of Inquiry 704

Fenner, Elias B., reappointment .' .■ 512

Ferguson, Frank C, appointed delegate 545, 567

Ferry owners, claims of, veto of bill 229

Field, Thomas Pearsall, reappointraeht : 52.1

Finance, sinking fjinds, statement regarding 1105

state, report of Committee of Inquiry 656

statement iTi annual message 22

Finance law, bills amending 771

bill amending approved 450

veto of bills amending 329, 342

Finegan. Thomas E., appointed delegate: 535

Finke, Captain William D., appointment 502

Finley, John H., appointment 555

Fire insurance, investigation, letter to W. B. Ellison regarding. t- 604

revision of standard policy, special messages 50, 69

remarks to delegation concerning bills 1299

Fire Island State Park, veto of appropriations for 371

Fire Island State Park Commissioners, nominations 551

Fire marshal, report of Committee of Inquiry. 732

veto of appropriations for 370, 404

Index 1533

PAGE

Fire marshals iu villages, establisliment of office, veto of bill. . . . 270

Fiscal Supervisor of State Cliarities, veto of appropriations for . . 3'6'8

Fiscal year, proposed change in 657

change in date, bill relating to 771

Fisli, Stuyvesant, appointed delegate ,. 535

Fishing, veto of bills relating to 321

Fiske, Capt. Charles E., appointment 502

Fitzgerald, John J., appointed delegate. . 527

Fitzgerald, Thomas D., appointed delegate 539

Fitzgerald, W. B., letter from 1100

Fitzgibbons, Edward, appointed delegate 539

Fitzgiibbons, John, appointed delegate 539, 543

Fitzpatrick, Clara, appointment 522

Flaesch, Charles C, appointment 515, 550

appointed delegate 567

Flag, display at polling places, bill approved 482

Flag day, proclamation relating to 17

Flexner, Simon, appointment 557

Flinn, Anna L., appointed delegate 535

Flood, Henry D., letter to from Attorney^General C!arniody 1061

Floods in Ohio and Nebraska, relating to. 1189

proclamation relaiting to. . ! 12

Pogarty, J., appointed delegate 539

Folks, Homer, appointed delegate 535, 559

appointment on Public Health Commission, statement by

Governor ...» 606

appointment on Public Health Council 557

letter from 1142

Foote, Nathaniel, appointed delegate 567

Ford, John, appointed delegate. ; 567

Fordham, Albert A., nomination 171, 552

Forest preserve, investigation of titles to land claimed by State,

veto of bill 350

Forestry, State College of, at Syracuse, appropriations for 360

: bill relating to approved 470

report of Committee of Inquiry. 719

trustees, appoiiitment . ., 515, 549

Forests, conservation, statement in annual in,essage 28

Fort Edvi^ard, construction of bridge over Champlain canal, veto

of bill '.■■'■ 332

Forward-to-the-Land League, National, Convention, appointment

of delegates 564

Foster, Isaac M., appointment 507

-Foster, Major Reginald L., appointment 501

Fowler, Albert T., term expired 523

Fowler, Mary Jane, veto of bill for relief of 323

Fox, Emma, appointed delegate 562

Franchise tax, emergency messages relating to 487, 497

message relating to :....• 135

proclamation relating to 13

s: . statement by Governor 15

Francolini, Joseph N., appointed delegate 527, 564

Frank, Augusta, veto of bill relating to 253

Frankel, Lee K., appointed delegate 542, 543

Frankfort, bonds for highway construction, veto of bill 324

1534 Index

PAGE

Franklin county, bonds for highways, emergency message 489

Fredonia, reimbursing village of, veto of appropriations for... 300
Freight, track scales for weighing, veto of bill amending Business

law 330

Frick, Henry C, appointed delegate 533

Frisbie, Daniel D., appointed delegate 541

Frisbie, Miles F., appointed delegate 567

Frissell, A. S., appointed delegate 53o

Fronezak, Francis E., appointed delegate 535

Fuhrmann, Louis P., letter to 1 103

Full crew bill approved 424

statements by Governor 1108

Fulton, veto of bill amending charter 337

Gaffney, James E., appointed delegate 529

Gafney, T. il., appointed delegate. ; 539

Gambling, enforcement of law relative to 1148

on race tracks in Nassau county 115!)

in Saratoga county 1169

Game Protectors, annual session, Albany, address 1435

Gannett, F. E., appointed delegate 532, 560

Gardner, Mrs. Edith, appointed delegate 563

Gardner, Walter E., appointed delegate 532

Garrison, Lindley M., letter from 1129

Gary, Elbert H., appointed delegate 535

Gas corporations, acquisition of lands by, veto of bill 353

Gavegan, Edward J., appointed delegate 567

Geiger, \Yilliam, nomination 551

General business law, see Business law.

General city law, see City law.

General municipal law, see Municipal law.

Genesee Falls, assessment and taxation of certain state lands,

veto of bill 346

Genesee river, construction of bridge over, veto of bill 331

Geneva, bond issue, veto of bill 288

veto of bill incorporating 197

Geographic Names, State Board, appointment of members 555

George, Henry. Jr., appointed delegate 528

Gerry, Mrs. Elbert H., appointed delegate 544

Gettysburg celebration, address at . . .' 1477

appropriations for 360

presentation of silver medal to Governor 1227

Gibbs, Milton E., appointment £08

Gibson, Charles, appointed delegate 560

Giegerich, Leonard A., appointed delegate 567

Gilbert, Frank H., appointed delegate 561

Giles, William H., appointed delegate 538

Gill, John, appointed delegate 539

Gittens, Robert H., appointed delegate 528

Gladding, Albert F., reappointment 505

Gleed, John R., appointed delegate 563

Glenn, John M., appointed delegate 560

Glens Falls, address on direct primaries 1398

(ilens Falls feeder, bridge over, veto of bill ?42

Gloversville, veto of bill amending charter 330

Glucksman, Louis, appointed delegate 535

Index 1535

PAGE

Glynn, James T., appointed delegate 532

Groldfogle, Henry il., appointed delegate 528

Goldmark, Josephine, appointed delegate ' 542

Goldmark, Pauline, appointment olS, 550

appointed delegate 531, 533 539

Goldsmith, Evelyn M., appointed delegate ». 535

Goldsmith, Irving I., appointment 554

Goldthwait, Lucile A., appointment 555

Gompers, Samuel, appointed delegate 530, 539, 543

Good Roads Commission, Advisory, appointment of members.... 529

Good Roads Convention, Federal Aid, appointment of delegates.. 527

Goodale, Mary S., reappointment 516

Gorham Co., letter from 1187

Goslinski, Michael, opinion of Governor in ease of 1023

Gould, Elgin L., appointed delegate 535

Goulden, Joseph A., appointed delegate 528

Governor, birthday dinner, address at 1284

counsel, appointment 501

inauguration 5

secretary, appointment ; 501

Gcw. FrpiV v.. reaimointment 510

appointed delegate 544, 559

Gowanda State Homeopathic Hospital, appointment of manager. . 516

amounts recommended for repairs 766

veto of certain appropriations for 303

Grace, Anthony W., case of 1036

Grade erossinss, bill relating to elimination of 772

Grant, Mrs. Sarah E., appointed delegate 564

Gratzwick, William H., appointed delegate 544, 559

Graves. Rev. Charles, appointed delegate . . . , 545

Gray, Charles \V., appointment 505

Gray, J. E., appointed delegate 539

Great Meadow prison, letter from Franklin B. Ware concerning. 886

report of Committee of Inquiry 762

report of George W. Blake on investigation 856

supplemental report 885

statement concerning construction of 985

Greenbaum, Samuel, appointed delegate 567

Greene, Frederick S., claim of, veto of bill 257

Greene, James W., appointed delegate 532, 535

Greenhut, J. B.. appointed delegate 535

Greer, Rt. Rev. David H., appointed delegate 569

Grezinger, Mate C, term expired 522

Griffin, Daniel .1., appointed delegate 528

Griffith, Lewis E., term expired ,. . 505

Grippen, Clarence L., letter .to 1170

letter from 1172

Gross, Dr. A. W., appointed delegate 545

Gross, U'm. E.. appointed delegate .i'li2, 564

Grout, Edwin M., appointed delegate 567

Guggenheim, Daniel, appointed delegate 570

Guy, Charles L., appointed delegate 567

Haase, Lewis, term expired 518

Haberer, Herman .J., appointment. 559

Hackett, John, reappointment 558

.resigned 558

1536 Index

PAGE

Hague, dedication of Peace Palace, appointment of delegates. . . . 569

Hall, Benjamin E., term expired 510

Hall, Pred S., appointed delegate." 531

Hall, George A., a/ppointed delegate 531

Haller, Frederick, appointed delegate 567

Hamilton, Charles M., appointed delegate 5-29

Hamilton, Henry D., appointment 501

Hamilton, Henry DeWitt, telegram to 1191

Handy, Mrs. Walter, appointed delegate 564

Hard, William, appointment 554

Harding, Frank, appointment 515

Harrietstown, veto of appropriations for 402

Harriman, Emily, appointed delegate 570

Harriman, Florence Jaffray, reappointment 520

Harriman, Mrs. J. B., appointed delegate 545

Harriman, Mary W., appointment 519

Harris, Daniel, appointed delegate .531, oSfl, 543

Harris, Edwin S., letter from 1219

Harris, Geo. W., appointed delegate 561

Harrison, Francis Burton, appointed delegate 528

Hart, Edward, appointed delegate 527

Hart, Harry C, appointment 518

Hasbrouck, Gilbert D. B., appointed delegate 567

Hastings, Mabel L., term expired 517

Hatch, Edward, letter from 1138

letter in reply to 1 142

Hatch, Leonard W., appointed delegate. 542, 543

Hatdi, William, term expired 522

Hatzel, John C., appointment : . SoO

Hauslinger, Bernard, relating to extradition of from Illinois .... 10.17

I-Iawkins, George K., appointed delegate 535

Hawkins, Jeanette R., resignation 520

Hay, Mary Garrett, appointment 970

Hayes, Anna H., appointed delegate. . : . 531

Hayes, Daniel P., appointed delegate 567

Hayes, James H., appointed delegate 563

Hayes, Rev. Wm. P., appointed delegate 562

Haynes, Hunter C., appointed delegate 561

Health, State Commissioner Porter, statement on his continua-
tion in office 1147

Health, State Department, appropriations 360

veto of appropriations for 365, 386

Health, see also Public Health.

Health officer. Port of 'New York, bill increasing fees T76

report of Committee of Inquiry ........: 696

veto of appropriations for « 388

Hearst, Mrs. William Randolph, appointed delegate 5.35

Hebberd, Robt. W., appointed delegate 544, 559

Hecox, William H., reappointment ; 516

Hedden, Charles R., appointed delegate 536

Heffron, John L., appointed delegate 535

H'eilferty, David, reinstatement of, as court attendant, veto of

bill 329

Heizer, Rev. C. W., appointed delegate 533

Held, Frank C. B., appointed delegate 535

Hell Gate Pilot, nomination 552

Index lo'^'

P.VGE

Helyer, Frank C, appointed delegate, . , 565

Henderson, Dr. J., appointed delegate 561

Hendricks, Francis, nomination 171, , 560

Hennessy, John A., appointment as executive auditor 501

resignation 301

appointed to investigate State departments 992

appointed special commissioner to investigate Highw^ays De-
partment . ...,.,.,., 915

report oOTicern'ing oapitol contracts ,....,.... 944

Hpnry, Jolm W., appointed delegate 531

l-lensdhel, Albert Gfi., appointment. .... . ., , 507

Liensol, Mrs. Cliarles E., appointed delegate 535

flerbert, John, F., term expired . . : 549

Herkimer, Gen. Nicholas, farm, acquisition by State. 1194

Herkimer county, claim against State, veto of bill. _ 225

Hewitt, Nathan T., appointment. 508

Heydecker, Edward L., appointment . . 557;

High school education in rural communities, veto of bill amend-
ing Education law 240

llighland, dykes for protection of property. Veto of bill 332

Highway Department, appointment of Jf)hn A Hemiessy to in-
vestigate ....'. 913

collection of autolnobile tax recommended by Committee , of

Inquiry 690

' Commissioner, appointment '. .' 514

contracts, message relating to 144

report of Comiriittee of Inquiry 746"

'State Superintendent, statement relative to removal of 832

' ' notice of removal from oflSce '..'.'. . 834

Highway law, bill to repeal special legislation restricting ap-

' plication of general law .' . 775

HSghwa-y law, bills amending:

' ' Albany post road, new State route, emergency message. 490

'' ' ' motor vehicles, emergency message ......:;..!.■.. 489, 491

special message . ... 109'

veto of bills amending:

Albany Post road, Westchester county, laying railroad

tracks upon . .' .' '. 2'82t

bridges. State aid for .......; : 336

town 335

motor Vehicles : . . 354

road machinery, purcha,se of, by towns 336

route number one, description 336

twenty, description 336

forty-six, description 346

State aid for improved highways 336

Suffolk county, new State route 336

Highways, address concerning State road around. Storm King

mountain 1235

Advisory Good Roads Commission, appointment of niemitersi. . 529
appropria,tions for construction and improvement, veto of

,:. bills. :... .......,....,....;. 331, 411

appropriation for payment of interest on debt, veto of bills. . 350

354, ,355

Federal Aid Good Roads Convention, appointment of dele- ,

gates ^ 527

49

1538 • Index

Highways — Continued : page

Franklin county, bonds for, emergency message 489

improvement 489, 490, 492

International Road Congress, appointment of delegates 544

investigation, veto of appropriations for 383

machinery, contracts made by town officers, veto of bill 337

New Castle, Westchester county, veto of bill. 338

report of advisory commission on 916

statement in annual message 35

Supreme Court, extraordinary trial term, for trial of cases. . 593

594, 596, 597
utilizing unexpended balances of moneys heretofore appro-
priated, veto of bill 349

violations of Labor Law in construction, and repair of. 1210

Hill, JaB. Percy, al>p,6iiited delegate. 561

Hill, I>r. Robert S., appointed delegate 545

Hill, Rowland F., claims of heirs against State, veto of bill 330

Hillery, John R., appointment 506

Hilles, Charles D., appointment 521

failure to qualify 521

appointed delegate 535

Hinkley, Mrs. Mary, appointed delegate. 545

Hirschberg, Michael H., appointed delegate 567

Hiscock, Frank H., appointed delegate 567

Hitchcock, C. H., appointed delegate 567

Hoag, William C, appointment 522

Hoekman, Mike, hearing in the matter of application for requi-
sition ',:•„••• lOOO

Hodges, George H., letter from. . , 1231

Hodson, Devoe P., appointment. 511

Heefer, Herman W., reappointment 509

resignation 509

Hoffman, Harry, appointment 513

IJogan, John.W., resignation '. 510

Holden, Hendrick S., appointment 515, 549

Holmes, Rev. John H., appointed delegate 531

Holt, Hamilton, appointed delegate 541

Home for the Aged, veto of bill for establishing 341

Home rule, statement in annual message 36

iiome rule bill approved 429

Home rule conference of municipal government association and

conference of mayors, speech at dinner. . ., 1275

Hone, Joseph B., deceased , , , 518

Honorary appointments 526, 559

liopker, Warren B., appointed delegate, , 567

tfobper. Dr. Franklin W., appointed delegate 564

Hobrnibeek, Frank B., term expired 549

1-iopkins, Frank, appointed delegate 567

Hopkins, W., appointed delegate ,. 539

Hopper, John J., appointment 557

appointed delegate , 529

Hprse cars in cities of the first class, veto of bill to abolish. ... 241

Flbrse racing, enforcement of law 1148

Nassau cotiiity 1159

Saratoga county 1169

Horton, Randolph, appolVited delegate 567

Hbrton, Theodore, letters from 1066

Index 1539

PAGE

Hotchkiss, Henry D., designation as associate justice of Supreme

court 575

Hough, Charles N., appointment 970

Houghton, James \V., deceased <, 525

Housel, Mrs. Chas. E., appointed delegate ^ 560

Housing law, in second class cities, emergency messiage 497

time of taking effect, message on 144

veto of bill amending 211

Howard, Wesley 0., appointed delegate 567

designation as associate justice. Supreme Court 580

Howe, William A., appointed delegate , . . . 535

Howland, Henry E., term expired 522

Howland, William B., term expired 551

Hpyt, Franklin Chase, appointed delegate 535

Hubbard, Mrs. Alice, appointed delegate 536, 564

Hubbard, Elbert, appointed delegate 536, 565

Hi^bbard, Tliomas II., appointed delegate 536

Huddleston, John Henry, reappointment 521

Hudson, see !New York State 1. raining School for Girls.

Hudson Falls, extraordinary trial term of Supreme Court in. . . . 595

Hudson River State Hospital, amounts recommended for repairs. 766

appointment of managers 517

veto of certain appropriations for , . 303

Hudson \'alley Local Order of Moose, convention at Albany,

Governor's remarks to , . • • 1479

Hughes, Frank J., deceased 508

Human life, value of, statement in annual message 29

Humphrey, Andrew B., appoi-nted delegate 541

Hun, Marcus T., appointment 554

appointed delegate 567

report on prison conditions,, , 983

Hunt, David H., term expired ^ ■ : ■ r ^*^

Hunt, William, appointment , ■>, - 523

Huntington, Archer M., appointed delegate .j. .,. . • . 536

Huson, Calvin J '. , . ■ •:-■.'..• • ■ ^^

appointed delegate ■ . ■.■.■,■ , ■ ■ ■ 564

Hydro-electric power bill, veto of / 295

See also Niagara River.

Hyland, John H., endorsement as Public Service Commissioner . . 1239

Inauguration 5

Industrial Board (Department of I/abor) :

associate members, appointment 515, 550

bill relating to. approved 453

Industrial colony for tramps, bill to repeal act providing for.. 776

Industrial Compensation Board, veto of appropriations for.... 409

Industrial code, violations of, bill relating to approved 453

Industrial Farm Colony, report of Committee of Inquiry 759

Industry, see State Agricultural and Industrial School.

Infant Welfare Conference, Albany, address at. 14.36

IngersoU, Raymond V., appointed delegate . . 531

Ingraham, George L., appointed delegajtfe 567

Insane person, acquitted because of insanity, bill establishing

status of 772

Insanity law, veto of bills amending , ,. .183, 201

Insurance department, report of Committee of Inquiry ........ 745

1540 Index

' ' , PAGJfi

Insurance la-w, veto of tiills atneildiiig: ' ''

assessment associations, organization 272

' casualty policies '"..'.:.'. 32S

corporations^ merger and consolidation. 323

employers compensation companies; 326

' "■ ' life insurance corporations, agents 273 ,

life or casualty corporations upon asses.sment plan........ 321

workmen's compensation ......; ' 248

International Congress on Scli6<Jl Hygiene, appointlnefit' of

delegates .'...';;., ; 533

International Purity Congress, appointment of delegates: .:'.'.':.. '542

International Road Congress, appointfiieiit of delegates......... 544

Interstate Bridge Commission, report of Committee of Inquiry.! 705

■ veto of bill relating to :' ....:. '.'..'. 342

Investigations, Adjutant-General, purchase of arsenal site, report

of Committee of Inquiry ; 601

statement by Governor 603

Architects' office : 944

Banking department .' .' . . '. '. . , 796

fire insurance : '. v . ..'.';'...: 604

highways, report of Advisory Cottimission on. . .'.■.-. . . . ... . . 916

Highway Department ■....'...'. i)l.i

I'alisades Interstate Park, commissioners : . : !)41

Prison reform, commission on ' ' !)70

' Ijrisons 8.).), 083

prisons, new, report of commission on 973

Public Health admiriistration 60.5

ventilating systems in public schools ." 96.5

Investigations, State Departments:

appointment of special commissioner 992

Committee of Inquiry, appointment; 652

appropriations recommended by 686

leigslation submitted by :.';.... 770

report . : ......: 653

special message transmitting report 89

' , recommendations in annual message : . :': 38

Iroquois, see Thomas Indian School.

Italy, unauthorized use of shield and insignia 1227

Jackson, Edward D., appointed delegate 539

Jackson, J. Arthur, appointed delegate 529

Jackson, Mrs. Julia, appointed delegate 561

Jacobi, Abraham, appointed delegate : 53<)

Jamestown, paving streets, veto of bill amending <!liarter 300

Jefferson, I?ev. Chas. E., appointed delegate 541

Jcffferson, Thomas, birthday celebration, speech at banquet 1302

Jenkins William T., appointed delegate 526

i'enks, Ahnet F., redesignation as presiding jiist'ice. Supreme

court : , 576

Jenks, J. W., appointed delegate 542

Jimerson, Theodore L., term expired 5'23

Jimeson, Alfred L., term expited 528

Johnson, E. A., appoiiited delegate ,562

Jolinsoii, Eleanor H., appointed delegate 536

Johnson, Wm. R., appointed delegate '.'.'..:...: 562

Jolmstown, police department and city officers, veto of bill

amending charter 248, 320

Index 1541

PAGE

Jones, Mrs; C. E., appointed delegate. i . '.'.'".'.'. .!.... 563

Jdnes" Inlet, use of nets, veto, of bill :':..'.;.''.'; . .'.i. 267

Josephthal, Lieut. Com. Louis M., appointment. . . .''.'.':'': :'. ...... 501

Joslin, Francis W.,' S/ppointed delegate....: :".':'...:.:. 532

Joslyn, J. R., telegrams 1099, llOO

Judiciary law, bill amending approved .......* 452

veto of bills amending:

interpreters, appointment of . ; 326

justices of Appellate IMviSion, opinions 203

physicians, examining '...■.. 337

retirement of employees by the 'Court of Appeals ■ 329

Jurors, comm'issioners in certain counties, veto of bill 2©5

selection, emergency message ' 491

Justice, R. W:, appointed delegate ; 563

Justices of the Peace, veto of bills relating to. . . ; ; . .' .2^0, 31'6

Kahn, Otto H., appointed delegate; 536

Kapper, Isaac M., appointed delegate. . : ' 5OT

"to hold Extraordinary" Trial Term of Supreme Court... . .593, 594

Karg, John A^, appointed delegate. ....;. .'. ". : ; . . ;' . . 529

Kates, Roy C, appointed delegate , 532

fS-ai-/,, Jacob, reappointment. .".' .' 51-6

Kavanaugh, Frederick W., appointed delegate 560

Kawasswiowski, G., telegram from. . 1087

Keach, Calvin E., appointed delegate. 541

Keith, H'enry P., appointed delegate! .'.'.' ; . 567

Kelley, Mrs. Florence, appointed delegate .530, 539, 646, 543

Kellogg, Henry T., appointed delegate. . '. . . . . 567

designation as associate justice. Supreme Court 584

revocation of designation. ... 1 '. 584

] Kellogg,' Josephine, appointed delegate. . . . . : 563

Kelly, paniel P., appointed delegate 536

Kelly, William J., appoiinted delegate. . i 567

Kemp, Simon A., deceased. .' ...'.'. i'. 559

Kenflall, Mrs. Ada Davenport, appointed delegate 536

Kennedy, John, ' appointment 524

. appointed delegate . . : . 533

Kennedy, Walter S., appointment 528

!Keogh,' Martin J., appointed' delegate 567

Kieough, Frank, appointed delegate 539

.Kernaii; John D., Reappointment.'. 516

" appointed delegate 567

Kerwin, Lawrence C., appointed delegate .:..,:...... 530

Keuka college. State School of Agriculture, establishment, veto

of biU ..: . .. 340

Keuka \ake outlet, veto of bills . ! . . 346, 408

Kev<in, J. Richard, appointment 510

appointed delegate ...,., ■ '■ ■544, 559

Kiely, M. J., appointed delegate 539

Kiley, Michael H., resignation . 524

appointed delegate '....:'..'.'" S67

Kimball, D. E. appointment . . .965, 969

King, Charles T., appointed delegate. . . ; . , 539

.King, Gen. Horatio C, appointment .'. 606

Kings county, cancellation of 'a tax Sale, veto, of Mil. . .''; . 325

ralilroads df)feratiiig between' Flatbush avenue and Manhat-
tan crossing, veto of bill 323

1542 Isom.

; FAOE

Kings Park State Hospital, amounts recommended for repairs . . 766

appointment of manager 517

veto of certain apprppriatipna for ., 304

Kingsbury, John A., appointment on Public Hea,lth Commission,

statement by Governor 606

appointed delegate . . ... . . . . ., 536, 560

Kingsford, Thomas P., term expired. . 551

JCirchwey, George W., appointment 970

Knapp, Charles L., appointed delegate. 567

Knipp, Charles H., letter from 1124

letter in reply to 1125

Knowlton, Sheriff W. A.,, letter to 1054

telegram from , 1053

Koeble, Alphonse G., telegram from. ... . , . , 1194

Koveleski, Emanuel, appointed delegate: 539

Kraft, John E., resignation 509

Krim, Rev. G. J,, appointed delegate 536

Ki'use, Frederick W., appointed delegate , • • • ' 567

1 . designation as presiding justice, Siupreme Court 583

revocation of designation as associate justice, Supreme Court 582

Labor, statement in annual message , , 32

veto of bill amending. Penal |aw,, relating to • • • • ,313

Labor Commissioner, appointment of John Mitchell 5Ji4

legality of appointment. .,, 589

nomination of James M. Lynch .■.:....' 553

Labor Department, appropriations. , 360

appropriations for, veto , . . . 366

report of Committee pf Inquiry 698

Labor Department, Industrial Board:

appointment of associate members ; . . . .i515, 550

bill relating to approved 453

Labor law, bills amending " approved 438, 448

employment of children, emergency message. 489

employment of children after scjiopl, veto of bill ^ 330

message recommending amendment relating to bakeries 156

veto of bill repealing sections of 24S

I violations of in construction and repair of liigliways 1210

Labor law and industrial code, violations of, bill relating to

approved 453

Labor Legislation, American Association fpr, appointment of

. tlelcgates to conference r • ■ • 5*2

Labor reforms, address to delegation 1256

Lackawanna, bond issue for street paving, veto of bill.... 300, 349

Ladd, Carleton E., appointed delegate 545

Lake Erie, appropriations for the celebration of the battle of . . . . 360

Lake Erie Dredging Company, claim againgt.^tate, veto of bill.. 229

Jjake Keuka outlet, veto of appropriations for improvements. 346, 408

Lake Ronkonkoma, public park, veto of Jbjlll providing for 341

La.kes Wanitta and Lakoma, Schuyler county, veto of appropria-
tions for bridge , 409

Lambert, John S., appointed delegate 567

Lands, redemption, veto of appropiriations for 410

Lang, Percy L., reappointment 520

Langston, Ralph E., appointed delegates 562

Lanson, Mrs. Margaret Fitzgemld, apppinted delegate 531

Index 1543

PAGE

Lark, Sumner H., appointment • 506

resignation . J; ' 506

appointed delegate 562, 563

Latin, Dr. Cora B., appointed delegate 536

Laughlin, Frank C. appointed 'delegate, i : . 568

Lauman, George Xleman, appointed delegate ,526

Lavelle, Rt. Rev. Michael J., appointed delegate. .: 544

Lavcraok, Belle E., appointed delegate. . . i . . ; . 531

l.avcry, James A., appointment ! 500

Law, Charles B., letter from ,..........,..; 1152

Law, reform, statement in annual message 33

Lawton, William S., term expired 523

Leavelle, Louis A., appointed delegate 563

Leeky, Charles S., appointed delegate 536

Lederle, Ernst J., appointed delegate 542

Lee, D. Edmond, appointed delegate 568

Lee, Frederick S., appointment 965, 969

Lee, Penelope Bond, appointment ^ . . . . 517

Leffingwell, William, nomination 169, 552

appointed delegate 529

Legislation enacted during regular session, summary of 1'66

Legislative law, veto of bills amending 177, 330

Legislative matters, compensation for appearances in,iveto of bill 177

Legislature, proclamation convening in extraordinary session. ... 16

i veto of appropriations for 377, 378, 384

Lehman, Herbert H., appointment > 519

( appointed delegate 536

Lehman, Irving, appointed del^a.te, 568

Leipziger, Henry M., appointed delegate 536

Lent. D. D., appointed delegate j . . . 568

Letchworth Village, amount recommended for repairs 769

appointment of managers : i. . 519

i r repdrt of Committee of Inquiry 760

veto of certain appropriations for. . > 311

Letter carriers, speech at dinner 1308

Leveen, Ira H., appointment 504

Levy, Jeflferson M„ appointed delegate. 528

I.*wis, Alfred G., term expired. : . .'■:•.-.■. ; '505

Lewis, Mary L., appointed delegate 545

Lewis, Price, removed from Oneida county. .. . . 559

Lien law, veto of bills amending j 326, 337, 347

Life insurance corporations, veto of bills relating to 273, 321

Lilley, E. A., appointed delegate. . . j .... :: . . 539

Lincoln, Mrs. Emily P., reappointment. .......;... 512

Lindsay, John D., appointment 554

Liiidsay , Samuel McCune, appointed delegate . . ; . 543

Lingley, William, Governor's conclusion not to interfere .• 1012

■ respite granted to 1013

Grovernor refuses to further interfere. 1013

Liquor tax law, veto of bills amending 336, 842

Little Falls, paV^in^ streets, veto of bill amending charter 218

lobbyists, promoting special assessment bills, veto of bill legal-

'izing methods 179

tibckett, Mrs. Julia, appointed del^ate ;..... 5<i3

Lockington, James E., appointment 518

1544 Index

FAGi;

Lockport, bonds for school building, veto of bill. , 27!>

drain under Erie canal, veto of bill . . 340

Loeb, Sophie Irene, appointment ., . . i . 554

Loeb, William, Jr., appointed delegate ■...-. 570

Long Island, establishment of State Normal and. Training :Schoolj

veto of bill .....>....! 343

Long Island Agricultural School, report of Committee of Iniquiry. 763

College of Agriculture, appropriations for. ; . , . 360

State Hospital, appointment of managers. .. . . : . . . .'. . . .....'. . 517

conveyance of property, message rela/timg to ... , . 141

veto of certain appropriations for. . . . . J 304

Long Sault Development Company, special messages recomftiend--

' ing repeal of cliarter >. ; . . . ., 40;' 110

bill repealing charter approved! . .' 459

emergency message 1 : . . 490

Lotus Club, New York, address ; . . 1250

Love, Frank W., appointed delegate. ' . . 536

Love, Maria, appointed delegate .'....' ....■..;..' 536

Love, Misify, appointed delegate i ..:•:. .....:. ... . .'. . ;. . 545

Lovejoy, Owen R., appointed delegate . . .542, 343 * 560

Lovell, Ross M., appointed delegate. . .........; 568

LoVell, William H., appointment. . '513

Low, Seth, appointed deleg-ate: ;....;. 536

Low, Mrs. Seth, appointed delegate. . : ; : 533

Luce, Robfert'L., resignation ; . ; • ■ 510

' appointment 1 ....;....;.. I 524

Ludvigh, Elek John, resignation : . ■ 509

Lunacy Commission, see State Hospital Commission,

Lustgarten, William, appointment,-. •' :........'. 557

Lynch, James M., nomination i ,,. ; . 1*70, 553

Lynn, H. Gordon, appointed to investigate State departments. . . . 652

Lynn, J. D., appointed delegate : . .• 568

Lynn, William A., resignation / ... i. ............;...;.... . 512

Lyon, George F., appointed delegate.-. . . ■. 568

Lyon, R. R., appointed delegate 568

Mabon, James B., letter from. ...:<; : ;. .'i. i .-. .;:...■ 1184

McAdoo, William G., appointed delegate! .'^vi'. •. 570

McAlpin, Edwin A., appointed delegate,, ,;.;'. {..■:..'■. .,....'..;..'•.. 570

MoOabe, Patrick E., letter fromi : . . ... .i.j'j. .■. , . , .....; ■.■'. . 1467

MoCall, Edward E., appointment .;:. j. .i.,. j 511

resignation :■,.' , '. 325

McCarriagher, John W., appointment 516

McChesney, Calvin S., appointment 506

MoClary, Martin E., resigned , 553

MeClella,n, George, resignation ii..i,. ; ..i 524

<, I ! (appointed delegate, ..■....■,...... ,..:.. .... 528

MoConnell, Benton, deceased ,....,..,.... 553

MeCord, Henry T., appointed delegate » , ,,,., 529

McCully, Robert B., appointment.,; ;_. ,,...,,...... 507

McDermott Contracting Company, claim lOf, vetp. of bill,. 225

McDonald, John F., appointed d.elegate. .....;......,...„., 529

Ma/cDonald, William S., terra expired , , 516

McDonough, John T., appointed delegate , 543

McDowell, William O., appointed delegate 569, 570

Iitoe'x i54S

PAGE

McGarr,- T. E., appointed delegate '. :.....:...... 545

■McGarvey, John, appointed delegate. 530

McGuire, Frank J., appointed delegate: .....,:...'.... 529

McGuire, George H., appointed delegate : :..'.. i. ... , 529

report on highways. ...'......:.. :'.'.! , 932

McGuire, Horace, appointed delegate 544, 559

'McGurk, Henry, claim against State, veto of bill 229

Machinery, employees operating, bill relating to ^.pproved . . . . . . 439

Mack, John E., appointment. '. 558

Jlack, Mrs. Norman E., appointed delegate. ; ... 536

Mack, Norman E., appointed delegate. . . . .:' :'.... 532, 536

M«KeIvey, Lawrence B., letter to : . , lieS

letter from : ;,..... 1171

JlacKenzie, John, appointment '...'.'.,... 507

Mackin, Sarali S., appointed delegate. ......:..'....;....' .'.".^ . . 541

McKinstry, Willard D., appointed delegate. .': .''. .'; :{. ■ . 5;32

'McLaughlin, Chester B., appointed delegate I . . .'. .''.''.J.'''.'''. . . 56j8

IVIcLaughlin, George, appointed delegate. '.."..; 1 '.,' '. . . . 545

McLaugJilin, J. T., appointed dfetegaite .' . '.'..:. .". . . . . 540

McLean, Arthur A., appointed delegate '.'..V 529

McLennan, Peter B., deceased....'.".'.'.'.'!'..'.. '.I 525

MAMahon, John D., appointed delegate 568

McMantis, James, telegram from 10i92

McMuUen, J. H., appointed delegate , ' S62

McNally, Joseph T., appointed delegate: ; ' 532

Macy, V. Everit, appointed delegate 531

Madison county, coroner, appointment '...'. . . 507

county judge and surrogate, appointment 524

Maher, .James P., appointed' delegate. . .'...,..'...'. 527

Maine Memorial Monument, New York City, address at unveiling'

of 1396

Cuban troops to participate in inauguration of ; . 1218

Maleady, R. E., appointed delegate '. 540

Malignant Diseases, Institute for the Study of, report of Com-
mittee of Inquiry '. 1 ; 704

Malone, Lieut. Paul, appointment 502

Malone, armory, addition to, veto of bill ; i J ..'.'. '. 348

Manco, Andrea, case of ^ . . '. . I .'..".". 1033

Mandel, Edward, appointed delegate : '.*".'.'.''.'.' ' 536

Manhattan State Hospital, appointment of managers ... 516

veto of certain appropriations for '; . 306

Manning, Albert, appointed delegate. . ."'. .".".! ....... .526, 538

Mannings David F., appointed delegaite; 1 .'; . . . :!'.!' .'. . . . . 568

Manning, James H., appointed delegate. 545

Manning, William H., appointed delegate 538

Manning, Rev. Wm. T., appointed delegate ; 569

Mantello, see Miantelli.

Ma,rine Fisheries Bureau, veto of appropriation for ......... .370, 400

Marine Fisheries, Commissioner of, bill relating to. 771

Marinessen, William, relative to request for extrAdition from

• Holland ;:'::.'.:....'./.....:;■.'..;....;■.. 1022

Marketing and Farm Credits, National Conference on, appoint-
ment of delegates ..." 538

Marks, Marcus M., appointed delegate i .536, 541

^faronoy. Rev. R. M., appointed delegate 562

Marquand, Katharine Cowdin, reappointment!'. '.' '' 520

1546 Index

FAOE

Marshall, Louis, appointment , ; . .,olr5, 549

appointed delegate .., ,,. 568

Ma-rtin, Mrs. Clarence A., appointed delegate , 536

,!M[ason, John A., term expired. .,,.,..■ , .„ . ....... 50i

Matteawan State Hospital, Superintendent, state^nent, concern-
ing appointment of • 852

statement concerning the resignation of 864

I , veto of appropriations for.. ., 307

SlawveH, William li'., appointed delegate , 531, 536

May, James V., statement concerning appointment as. superin-
tendent of Matteawan Hospital .., 85'2

May,. Mitchell, letter from '. 1202

Mayhew, Jas., appointed delega,te 563

Maynard, William H., appointment ,. ,,, 55'!

Mayo, John B., appointed delegate .,,..: 568

Jilayors, New York State Conference, speech, at dinijer 1275

Mead, Charles L., term expired. ,,. .,,,.,.•.,,., olo

]Vledal of silver, presentation to Governor ^ 1227

JVledical Education and Legislatiq^^, appo^intment of delegates to

conference on : 526

Medina, charter, veto of bill amending 233

Jt^embership corporations law, bill ,ai)iei)dliig approved 421

Memoranda on approved bills, see Approved bills, memoranda

filed with.
Merrell, Edgar S. K., designation as associate justice. Supreme

Conrt u, 585

-, „ appoi'nted delegate 568

:M,erriman, Mrs. Sheldon E.,, appointed delegate 536, 560

Merritt, Edwin A., Jr., appointed delegate , ■ ■ 528

Message, annual:

- , ' agriculture 34

child life, protection 30

civil service 33

conservation 28

cost of living 27

debt. State 24

direct primaries 28

economy of State officers 37

:,■ , electoral reform 27

. , finances 22

home rule 36

human life, value of 29

investigation of State departments 38

labor ..... 32

1 aw reform 33

legislature 21

municipal museums 32

reports of departments-.., 23

roads and waterways 3.i

safety ^t-^ndards 31

. S'enators in Congress, direct election 25

sinking funds. ,. 24

State 21

ta?;ation , 37

woman's suffrage ; 27

workmen's compensation laws 30

Index 1547'

■'■- ■■ ■■' PAGE

Messages, eraer^fency', With bills relating tb:

appropriation bill 490

;; Architect, Slate, depai-ttneht of v. . . , 492

; ' • Banking law, bill amending 488

' barge canal terminals. . . ; 49.1

bonds, State, rate of interest on 48'?

Business law, bill' amending . * 487

'I canal debt, payment of interest on., . . 492

■ ; County law, bill amending. !'.;.. 490

' ' courts, acts to simplify practice in 491

\ Direct tax law '..'.;.. 49a

•^ ' Emancipation Proclamation, anniversary. 491

• * ' Franklin county, bonds for highways - 489

highway improvement, appropri'ations. . . .'I'l " 489, 490, 492

Highway law, bills amending. 48'9, 490, 491

'*;' jurors, selection. . .....:;:'.;...■. '.'.''.'. .■,'...... '491

[['"' ] Labor law, bill amending 489

Long Sault Development Company, repeal of bill incorpo-

■'■'• .rating ...;.':....... '. 490

motor vehicles, bills relating to. .'.'Iv. 489, 491

[ New York charter, bill amending.', .'i' 489

Niagara river, waters oi.'. : . . . 491

Penal law, bills amending, stock ' exchanges 487, 488

Public health law, bill amending'.'. 487

Public service commissions law, bill amending '. . 489

State institutions, appropriations for 492

■ stock exchanges, bills relating to 487, 488

Supply bill 490

Tax law, bills amending. . 487

taxation, direct tax law 492

taxation, stock transfers 488

telephone and telegraph lines 489

Messages, emergency, to extraordinary session :

appropriation bill ; 498

Architect, State, reorgatiization of department 498

cities, second or third class, government 498

constitutional convention 498

Housing law in second class cities 497

prisons, new ....;.'......./ ' . . 498

Public buildings law, bill amending. 498

Tax law, bills amending .' . 497

taxable transfers . :'. ; 497

Messiages, special, relating to:

agricultural education and country life advancement 78

Committee of Inquiry, transmitting report 89

. Conservation Department, reorganization .•■. : 108

conservation of natural 'resources, i . . . . . 40, 94, 1.10

election laws y. .:.... -. '. . 101

' ■ fire insurance, revision of standard policy -50', 69

Highway law, amendment '. lOS

Long Sault Development Company, repeal of charter.. ..40, 110

Niagara river, waters of ; . . .' 94, 110

Primaries, direct ^ . 101, 117

Printiiig Board, establishment. .......: 106

public health, findings and recommendations of special com-
mission ':....;....;.... ........... 80

1548 Index

Messages, special, relating to — Continued : page
Public Health Coramissipn, dra^ft of jbill to carry into ejffect .

, recommendation .,, . ' 88

, Statutory Consolidation Board, trangmittiiig report, ', 45

, . stock exchanges ,,.,;;,,., 55, '•■, 113

United States Senators, direct election. 39

Messages to Extraordinary Session:

; Architect, State, reorganization of, department .( 158

.bakeries, law relating to ,.i...,. ,...,,....., 156

. Brooklyn, proposed terminal railroad,, . , --,,-■ ■,• ■ • • ■••. 153

i ,,city charter bill, optional. ................ i ...'...,.....,. .,., 161

Cohalan, Daniel ^., charges against. . .' .,.-,........ 154

constitutional convention „. .,, ,,.,|. . ., 138

direct tax . .,./;!„....' ; . ,147

, Highway Department, contracts............ 144

: .J Housing law ,.,. ....,,..., , ,, 148

; Long Island State Hospital, conveyance of property 141

. , oyst( r beds, exempt from sanitary inspection . , 150

prisqns, Iegi3la,tion to relieve conditions in. , , , , ,,j 163

, . sumiiiary of legislation, messages, and appointments 166

, 'lax, law, repeal of certain amendments, . . . . ; , ^ 135

: toll bridges crossing canals... ...... j .. i 151

Transportation corporations law, amendment 153

Messages to Extraordinary 3?ssion, .Y.eto messages:

canals, bonds for improvement.,..,.,,, ,212

^.Election law, amending. ...;... i ............. .207, 208, : 210

• Housing law, amending. ,..••, ■ 211

primaries ,., (.,.. 207

; toll bridges ■ 212

-Messages, veto, see Vetoes of bills relating to. > i

.Metz, Herman A., resignation , . ,. ,510

appc inted delegate 528

Meyer, James G., resigned 555

Miantelli (Mantello), Vincenzo, commutation, of sentence 1004

Middletcwn, veto of bill providing for charter.. > 342

Middletcwn State Homeopathic Hospital, appointment -of man-
ager 515

veto of certain appropriations for. . . , ., .305, 392

Milan, Thomas, appointed delegate ; , 540

Milbank, Dr. W. E., appointment on Public Health Commission,

statement by Governor . .^ ....,...; .; , , 607

. appointed delegate 536

Milburn, John G., appointed delegate 536

Miles, Chas. A., telegram from 1087

Military secretary, appointment. , , 501

Military staff, appointments ,. .i., ...,,.. .. , 501

Militia, 'see State militia.

Milk, adulterated, bill relating to, approved;.,. .. . ,,, . . . ., 460

Milk, control of production and handling, appointment,, of dele- ,

gates to conference. . . , .,.i.,.,. .> ; .,, „. ., 626

Millard, Frank V., reappolintment ...i-. ,,.,.. ,, 604

Miller, 'Charles. E., appointjnent . , .i .^ ., . . . ., , , 507

Miller, Harry, see Lingley, William.

Miller, Jacob W., appointment , , 556

Miller, James Alexander, appointment. ..... i ,. .i. . .965, 969

Miller, Nathdn L., appointed delegate. ,. . . ..,i„i,,. . . .' 568

designation as associate judge of Court of Appeals. . . , 574

revocation of designation as associate justice of Supreme

Court 573

Index 3,5,49

.._,. . PAGE

Miller, Rw. Ojaf E., appointed delegate 545

Millerton normal school, establishment, veto' of hill. ...,..,.,.... 345

Mills, Frederick H., conclusions pf Committee of Inquiry .' ....... 835

statement concerning ........ . '.'. '. 850

Mills, George F., appointment 507

Mills, Isaac N., appointed delegate ......,'...'. 568

Mills, William Wirt, appointment, , _ 558

Minetto, construction of bridge over Oswego rivijr, veto of bill. . ' 349

Mineville, relative to labor troubles at. ,,.... .' lOSl

Mitchell, Bert R., appointed delegate , . . . . '. , 545

Mitchell', Chiarles C., appointed delegate '. 527, 565

Mitchell, Francis B., appointed delegate... ..'.,,..,. 5,'33, , |5(i4

Mitchell, John, appointment as Labor Commi^sione,!-. ,..,,.... . ','514

, appointment declared illegal. !.........,..........„..,_ . 514

li'fiiility of appointment as Ijabor Commissionor, extraordi-
nary term of Supreme Court regarding !....... 589

appointed delegate 5^6, 54rf, , '. S43

Mix, Elizabeth D., appointment. '. .' 524

Mpadingev, Charlea F., Jr., reappointment 503

Mo-hansic State Hospital, appointment of managers 517

. pollution of water. . 1138

, J report of Committee of Inquiry . . ,, , 761

, , , veto of certain appropriations for! '. ,, , . . . . . 306

Mohawk river, bridge over,' at Yisclier's, Ferry, veto of tiill. .... '.\ '341 .

Mollen, Margaret, veto of bill relatiiig to. application of ........ 263

Monroe county purchasing agent, appointment 506

Montague, John C, appointed delega,te 561

Montgomery, Mrs. Wm. A., appointed delegate 536

Mpnument to the S5th N,ew,yprk Volunteer Cavalry, members

of commission to provide for, appointment 556

Mopney, Jos. F., appointed delegate 545

Moore, Hon. Fi-ed, appointed delegate 56l

Moore, J. Manning, appointed, delegate , .5,36

Moore, John, appointed delegate ' 532

Moran, Eiigene F., appointment 556

]Nf opcjiauser, Joseph, appointed delegate 568

Morgan, Anne, appointed delegate 542, 543

Morgan, J. Pierpont, Jr., appointed delegate •■••,■ ^"^^

Morgan, Mary L., 'appointed delegate 536, 560

Morgenthau,, Henry, appointed delegate. . . . .^ , ••5'3?) 540, 568

Morgenthau, Henry, Jr., appointed delegate ".'.'. i'. . .526 564

Moriarty, Edward T., resignation . . . . . ...... 516

Mpriartyi John L., claim against State, veto of bill. ..'..''.'. |224

Mofrell, Rev. H. Philbrook, appointpd delegate. ...'..' '. 533

Morrison, David A., reappointment 513

Mpri^isville, Sta,te school of agriculture, veto of appropriations. 390

Morse, Arthur W., apppintment ••■••: 505

Mortgages, taxation, veto of bill amending Tax law 346

Moiton, Rosalie Slaughter, appointed delegate 536

Moslier, Howard T., appointment 970

Moskowitz; Henry, appointed delegate '. . . .540, 545, 560

Moss, Rev. W. H., appointed delegate 1 ! 562

Mdtliers' pensions, commission to inquire into subject of, ap- ' ' "

" pointment of members , , ,. 564

Motley, R. M., appointed delegate .'. 564

Motor vehicle law, enforcement of 1202

1550 Index

Motor vehicle legislation, New York Commission in relation to,

appointment of members 657

Motor vehicles, bill relating to, emergency message 489, 491

special message relating to 109

tax on, bill increasing 770

tax, report of Committee of Inquiry 689

veto of bill to amend Highway law 354

Mott, Frank H'., appointed delegate 536

Mott, John T., resignation 303

Mott, Luther W., appointed delegate '528

Mount-Pleasant, Frank, appointment 523

Mount Vernon, comptroller, annual report, veto of bill 220

lighting of business district, veto of bill 279

Moynilian, F. T., appointed delegate 568

Mulraney, John, application for executive clemency lOOio

respite granted to 1008

'letter to Charles S. Whitman concerning 1009

denial of application for clemency 1010

Mulry, Thos. H., appointed delegate 544, 559

Muncie, Elizabeth H., appointed delegate 542

Municipal Government Association, speech at dinner of 1275

Municipal law, bill amending approved 449

veto of bill amending 342

Muiiicipal museums, statement in annual message 32

Munro, John I., claim against State, veto of bill 224

Murphy, James T., nomination _. 170, 552

Murray, Stephen, appointed delega,te 540

. Murrell, William, appointed delegate o&^

Murtaugh- Jackson bill, remarks to delegation concerning 1306

Musehenihe'im, W. C, appointed delegate '.,'. 537

Myers, John C, appointment 508

Napanoch. skc. Eastern New York Reformatory.

Nassau county, cemetery corporations, formation bill relating to,

approved 421

correspondence on race track gambling 1159

Nathan, Mrs. Frederick, appointed delegate 533

Nfitional Child Labor Committee conference, appointment of

delegates . 530

Na.tional Conference of Charity and Correction, appointment of

delegates 559

National Convention of the Forward-to-the-Land League, ap-
pointment of delegates 564

National Democratic Club, celebration "of birthday of Thomas

Jefferson, address at ^banquet , 1302

National Education Association, appointment of delegate 5C1

National Guard, reinstatement of John F. O'Ryan as Major-

General '. 502

report of Committee of Inquiry 721

veto of bills relating to 322

National Guard Association, address at dinner 1245

Niivigation laws, bill amending 771

veto of bill amending 354

Negro Educational Congress, appointment of delegates. 561

?i[eu, Jacob, appointment '. 509

New Castle, highways, veto of bill 338

Index 1551

PAGE

New City, extraordinary trial term- of Siipreme Court in >5'9'3

New Roclielle, annual estimate, veto of bill amending charter . . 287

collection of unpaid taxes upon real property, veto of bill. 347

fire department, pension fund, veto of bill 182

speerih on direct primaries 1443

valuation of real estate, veto of bill 247

New York (city) : '
anniversary of Emancipation Proclamation, emergency mes-
sage 491

Bronx, railroad stations on steam railroads, veto of bill . . 264

Brooklyn, escheated lands, veto of bills relating to. ...... . 234

address on direct primaries 13&8

proposed terminal railroad, message relating to....... 153

Union bank, claims of depositors and creditors, veto of

bill . : 327

Brooklyn and Queens' boroughs, boulevard, veto of Will 351

claims against city, veto of bill 221

■Cooper XJnion, speech on direct primaries 1451

county and borough officers, payment of expenses for medi-
cal treatment, veto of bill 318

court of general sessions, reinstatement of attendant, veto

of bill 329

court of special sessions, clerks and deputy clerks, veto of

bill 274

criminal courts, removal of probation officers, veto of bill . . 255

damages, time for filing claims, veto of bill 285

damages to real property, powers of board of assessors,

veto of bill 254

digest of statutes affecting, veto of appropriations for 378

employees, retirement of, veto of bill 314

fire department, case of Saul J. Rosenthal, veto of bill 2Y4

two-platoon system, veto of bill 2S3

firemen operating steam boilers, veto of bill licensing 288

health officer, bill increasing fees 776

report of Committee of Inquiry 696

horse cars in, veto of bill to abolish 241

hospital near, proposed, report of Committee of Inquiry . . 762

justice of city court, appointment 524

; justices of dity court, veto of bill relating to 285

Maine Memorial Monument, address at unveiling of 1395

Cuban troops to participate in inauguration of 1218

Manhattan, borough of, acquiring property for bridge pur-
poses, veto of bill ..... ;^ 275

Niblo's Garden, address on direct primaries 1385

patrolmen, health and effidiency, veto of bill 278

police commissioner, answer to charges against 829

Star Casino, address on direct primaries 1378

straphangers, statement regarding relief for 1049

street surface railroad tracks upon the Bowery, veto of bill. 237

teachers, removal of Augusta Frank, veto of bill relating to. 2.')3
New York (city) — charter:
bill amending approved:

relief of destitute blind • 438

bill amending, emergency message:

stage or omnibus routes 489

1552 Index

New Vork ( city ) -^ charter — Continued : page
veto of bills amending:

aldermen, board of 255

American Museum of iSaf ety 28'1

assessments for local iiliprovements 276

board of education .' ; 348

powers of investigation by president of 348

powers with respect to custodians and custodian

engineers ; i ..... : 275

reports by 349

salaries of employees 254

Brooklyn, municipal court i 253

municipal court justice ..';.; 253

buildings, bureau of, board of exam'iners .':'. ...... 335

College of the City of New York, receiving bids for. '. . . 318
commissioners of sinking fund, powers over certain

property ;..'...... :.....,;. 333

construction of tunnels, erection and operation of ele-
vators and escalators 333

coroners' physicians . 318

dance halls and ball rooms, regulating and licensing. . . 274

department of public welfare 285

employees, leaves of absence without pay 275

retirement ":■'. 280

employment of 'inmates in correctional institutions... 31!>

fire depaHment pilots i .. . 280

> relief fund '. . : : 255

telegraph service 255

uniformed force 254, 256, 275, 319

fire marshals, assistaint 255

journeymen plumbers ' 334

municipal explosives commission 334

newspapers and periodicals, permits for sale of 334

normal coUfegb, teachers' retirement fund 31:3

police commissioners, appointment of extra deputy .... S! 4

police department 253, 255, 27">

police force and fire department, charges against 342

president of a borough, qualifications of assistants.... 254

Queens county jails, employees 253

retirement of officers, clerks and employees 280

school books, disposal of discarded 334

teachers, changing conditions annexed to salary sched-
ules of .; 348

teachers' staffs, salaries of members 333

water front property, repair and maintenance 280

water meters and repairs 255

New Vork (county), salary of stenographer, veto of bill 316

Xi'W York Agricultural Experiment Station, appointment of trus-
tees oO.!

building, veto of bill : . 353

Now York Commission in relation to motor vehicle legislation^

appointment of members 537

New York House of Refuge, Randall's Island, amount recom-
mended for repairs 768

New York Monuments Commission, a]:ipointment of members.. 500
Kow '^'ork iState ColU-t>'(> of Agriculture, Cornell University, re-
port of Committee of Inquiry 713

veto of bill relating to 339

PAGE

Xew York State College of Dentistry, veto of bill incorporating. . 235

Xew York State College of Forestry, Syracuse, appropriation for. 360

bill relating to, approved 470

trustees, , appointment ! . . . . . 515, 549

report of Committee of Inquiry. . .1'. ...... .1 ..... 719

Xew York State 'Commission for the Blind, appointment of

members .". ....:.. . /. . '.'. .'. .... 555

Xew Y''ork State Custodial Asylum for Feeble-Minded Male De-
linquents, selection of land as sites, veto of bill .............. 332

Xew York State Custodial Asylum for Feeble-Minded Women,

X"eWark, amount recommended for repairs ,....'. 768

appointment of managers '.'....:... ^ ■.'" 523

veto of certain appropriations for ;.;..: .".'" 311

Xew York State Hospital for Crippled and Deformed Children,

West Haverstraw, amount recommended for repairs ...... 769

appointment of manager ^.' 523

veto of cfel-tain appropriations for ; '. 312

Xew "York State H'ogp'ital for the Treatment of Tuberculosis^

Ray Brook, amount recommended for repairs. . 1 . 768

appointment of trustee ■ • ■ ■ ; '■'■''•,':'■■ ^21

noftiihation of trustee '.'...'.. 553

veto of certain appropriations for. 311

Xew York' State Institution for Feeble-Minded Children, Syra-
cuse, amount recommended for repairs 769

appointment 6f manager 518

Xew York State Library, appropriations for books. . 706

branch in the capitol, veto of bill 343

Xew York State Nautical School, in relation to 1173

maintenance and government, bill approved 444

members of board of governors, appointment 566

Xew Y'ork State Reformatory, Elmira, amount recommended for

repairs '.'.'..... 767

veto of appropriations for 310, 396

Xew York State Reformatory for Women, Bedford, amouiit

recommended for repairs 767

appointment Of managers 520

veto of appropriations for 308, 396

Xew York State School for the Blind, Batavia, amount recom-
mended for repaiirs . 767

trustees, appointment 524

Xew York State School of Agriculture on Long Island, appoint-

inent of trustees 504, 558

Xew York State Soldiers and Sailors' Home, Bath, amount recom-
mended for repairs . . 767

apjiointment of .trustees 520, 553

veto of certain appropriations for '. 309, 395

X( \\' York State Training School for Boys, appomtment of mana-
ger '. 521

amount recommended for repairs. . . . ^ 769

fees of commissioners of appraisal, veto of bill 350

polltit'on of water. • ■ ■ •, 1138

Report of Committee of Inquiry 760

■ veto of certain appropriations for 312, 397

Xe«' York State Training St-hool for Girls, Hudson, amount

recommended ' for repairs '.' ! 707

appointment of managers i , . 521

veto of certain appropriations for i 30S, 396

1554 Index

FAGE

Xew York State ^^"oma)l's Relief Corps Home, Oxford, amount

recommended for repairs 768

appointment of manager 523

veto of certain appropriations for 311

Xcwark, see New York State Custodial Asylum for Feeble-JIinded
Women.

Xewbold, Catherine, appointed delegate 560

N'ewburgl], assessment tor sewer, veto of bill. 315

Newell, Edgar A., term expired , 552

Newspapers, discriminations for publication of session laws, etc.,

veto of bill , 294

Xewton, Charles D., appointed delegate ...,....,., 568

Nefwton, Howard D., terra expired ''.'I'i 505

Newtown Battlelield Reservation Commissioners, appointment! ' . 513
Niagara Falls, veto of 'l)i|ls: ^

bond issue for city hall 277

boiids for school, legalizing. 227

liremcn's relief and pension fund. . 218

grade crossing commissioners, duties and powers 246, 317

policemen and rate of interest of school bonds 218

policemen's relief and pension fund 221

, strieet lighting 246, 317

N iagara river, control of water power in 1061

legislation relating to waters of, emergency message. . .'~ . . 491

special messages 94, 110

Niagara State Reservation, nomination of Commissioners...... 551

veto of appropriations for. 405

Nichol, Andrew J., appointment 551

Nicholas, William, commutation of sentence 1005

Nichols, Paul, appointment. '. 550

Nicholspn, Geo., appointed delegate 560

NicoU, De Lancey, appointed delegate 568

Niver, Lieut. William A., appointment 502

Noble, Henry Harmon, appointment 554

resigned 553

Noble, William N., appointed delegate 568

Noe, Frank, appointed delegate 540

Normal and training School on Long Island, establishment, veto

of bill 343

Normal School at Millerton, establishment, veto of bill 345

Normal schools, salaries of teachers, veto of bill. 350

Norris, Elliott B., appointed delegate 526, 565

North Tonawanda, burying ground, removal of bodies, veto of

bill relating to 221

charter, veto of bills amending .220, 221

Northern Bank of New York, reply of George Van Tuyl, Jr., con-
cerning charges of F. D. Cameron 796

Xorthrup, Fred, appointed delegate 540

Norton, George L., appointment. ,, 556

Nottingham, Edwin,, appointed delegate .,, 568

Nutting, Mary Adelaide, appointed delegate 537

appointment on Public Health Commission, statement by

Governor 606

Oaths, taking of, by justices of the peace, veto of bill 230

Oberlander, Alexander E., appointed delegate, . 545

Obcrlander, Mrs. Alex. E., appointed delegate, , , 545

Index 1955 ''

,^> PAGE

Oberlandor, Charles, appointment i . . . . . 855

report on prison eonditions -...., ::.:.. 9«3

Oberlauder, \A'alter B., appointed delegate ; 545

O'Brien, H. J., appointed delegate 540

O'Brien, James H,, appointed delegate. . i . , . i 528

O'Brien, T. H., letter from •. ^ ...;. .:. 1109

O'Connor, Mary L., appointed delegate ;. .L'.ui. j\ ...:■ 561

Ogden, Henry Neely, appointment sr..; ... i.!. J . . . . S57

OgJen, J. P., letter to i. 1109

Ogdensburg, bonds for local improvements, veto of bill, ii 247, 320

veto of bill amending eliarter 280

Oglesby, Woodson R., appointed delegate : i .; 528

O'Gorman, James A., appointed delegate 527

O'Hanlon, John if., appointed delegate 540

O'lTara, Edward II., appointment 5,15, 550

appointed delegate 532

Ohio, proceedings of board of assessors, veto of (bill legalizing. . . 324

Oliio floods, relating to 1189

proclamations relating to 12

O'KeelV, Michael, claim against State, veto of bill 225

O'KeeJfe, Richard, appointment 511

Olean, veto of bill amending charter 300

O'Leaiy, Dennis, appointed delegate. . 527

Olmsted, John B., term expired 511

Omnibus vetoes 313, 327, 338, 344

Oneida county, coroner, appointment 55S

jails and prisons, bill . relating to approved 441

sheriff, bill relating to salary, approved. 441

Oneida Xation of Indians, claim of, veto of bill. 225

Oneonta, veto of hill incorporating ; 190

Onondaga county, construction of bricls pavement as part of route

number thirty-four, veto of bill. . 351

Onondaga Indians, appointment of agents , 512

Optional city charter bill, message recommending enactnfient . . . . 161

Orange county, address to delegation from, concerning State road 1235
O'Ryan, John F., reinstatement of, as Major-General of Natioilal

Guard 502

Osborn, Henry Fairfield, appointed delegate 537

Osborne, James W., appointed delegate 568

Osborne, Thomas Mott, appointment 970

appointed delegate 5f2, 543

O'Sullivan, Michael, claim against Brooklyn Heights Railroad

Company, veto of bill 331

Oswego river, construction of bridge over, at Minetto, veto of bill. 349
Otis, Dr.. John C, appointment on Public Health CoinmiSSion,

statement by Governor 606

appointed delegate 537

Overton, Frank, appointed delegate 537

Oxford, see Xew York State Woman's Relief Corps Home.

Oyster bods, exempt from' sanitary inspection, message on 150

Page, Mrs. S. J., appointed delegate ;.'.'. 564

Page, Walter S., appointed delegate : '. 570

Palisades Interstate Park, appropriation for payment of interest

on debt, veto of bill. . ... : 355

condemnation of real property for, veto of bill 301

P'alisades Interstate Park Commissioners, jlppoiintnleftt ' 512

appointment of commission to investigate 941

1596 ! Index :

; ./■, PACE

Palmer, Caroline, disposition of real property bill approved 418

Pwdons, Brandt, Folks Bngel 1003

, veto, of bill amending Prison Law in relation to 314

Parkham, Sadie E., appointed delegate. 564

Parker, Alton B.. appointed delegate^^- ■ ■ 568.

PaTker, Amasa J., appointed delegate .529, 568

■I report on highways ^ . ; 926

Parker, Fred H., reappointment 508

Parker, George F., appointed delegate 537

Parker, Gteorge M., reappointment ^ . . . . . ;> 519

Parker, James S., appointed delegate 528

Paa"ker, Leroy, appointed delegate ; 541

Parkhurst, Rev. Charles H., appointed delegate. 542

Parks, Abiel B., appointment 556

Parks, report of Committee of Inquiry 733

Parrish, Samuel L., term expired 551

Parsons, Fay C, appointment 558

I'arsons, James A., letter from 1082

report on Auburn disturbances 1095

Partridge, Edward L., appointment. .■ 512

Patini, Grregorio, ease of 1024

Pa:tten, Thomas G., appointed delegate 528

Paulding, J. K., appointed delegate.- 531

Payne, Sereiio E., appointed delegate 528

Peabody, George Foster, telegrams to 1065, 1066

Peace Congress, World, appointment of delegate 570

Peace Palace at the Hague, dedication, apipointment of delegates

tp 569

Pearsall, Francis K., appointed delegate. 568

Peck, Duncan W., reappointment 509

letters from 1186, 1196, 1198, 1200, 1201

Penal institutions, report of Committee of Inquiry. 722

P^nal law, bills amending, misconduct of officers of banking cor-
porations ;..; 776

'bills amending, approved:

cocaine or eucaine, sale or possession of 465

Labor Law, violations of 453

Sunday, traffic on .......... ! 454

bills amending, emergency message, stock exchanges. .. .487, 488
veto of bills amending :

animals, destruction of diseased 261

labor of more than six days in a week 313

., trade7mark9 ... . '. 322

Pendleton, Francis K., appointed delegate. 568

Penn Yan, repairs to the bridge over Keuka lake outlet, veto of

bill .'. '. . : 346

Pensions: i

mothers, members of commission to inquire into subject, ap-

, , pointment , , . . ; 554

New York city employees ; 314

Normal College of the City of Xew .York, teachers, veto of

bill : .":'; 318

savings banks employees, veto of bill .'■. 226

State charitable institutions^ employees, veto of bill 337

State hospital employees, veto of bill 201

. State prison employees, veto of bill 276

Index 1557

■i..;', PAGE

Perkins, Frances, appointed delegate ....,.,.._.,, 540 ,

Perkins, George W., appointment ,',',,,, ,|,\,j ... , ... , , 971

Perren, Gteorge E., term expired ,.,.....'!.,..!,'..,,..,...!. 524

P.eJfry's Victory Centennial Coinmissioh, appointment of mem-
bers .,,.... 503, , 553

Peters, Rev. Madisoii C, appointed delegate. .^ 533

Peters, Nicholas M., appointment *' 510

appointed delegate ,|. . > . . !;•••, • ^'^^' '■ ^^^

Pheasants, open season for, veto of Jjill relating to... .••,•■: .^^l

l^helps. Earl B., appointment . .. '. 965,, 969

Pliilbin, Eugene A., appointment ,..,...... . ., ,525

J'hillipse Alauor Hall, Yonkers, veto of appropriations for.,.'.. | ,371

Phillips, Cyrus W., appointed delegate . .'.'I .'. ...... j540

Phillips, Samuel K., reappgintment 558

Physical examination of employees, bill approved. . . . 448

Physicians, examining; veto of bill ,i ■ ,• •■ 337

Pilcher, Lewis F., appointment ...'...■., ,509

letter from ' 1225

Piatt, ChesterC, appointment . ,^501

Piatt, Edmund, appointed delegate. ., 528

I'lattsbnrgh, appropriations for the celpbrati|On of the battle of. . 360

Plattsburgh Centenary Commission, appointment of members. ... 553

Plumbing, corporations engagf!<i[; in 'busiiiess^ cifj veto of Ijill. ..... iSt2

Political promises, adclress on, to Buffalo business men.,,..... 1320

Pooley, Charles A., appointed delegate !•,,•■•. S.^P

Poor Law, signing of bill amending .......!.>...... 1195

Port Jeryis, vetp of bill amending charter. .................. 180, 181,

fort Levden, bridge over Black Rivei: canal, .vet9 of, bill!,., 340

Porl'of "Sew York, appointment of port wardens.'. .'.'. . , . '.'. . .511, ,514

report of Committee of Inquiry ,. ,.■., 704

Port of Mew York, health officer, veto of apprppriations for .... 388

Pprtchesier, election of a deputy receiver of taxes, veto ofbill. . . 266;

Porter, Eugene H., term expired ,_......,. 516

appointed delegate 537

/. statement on his continuation in office. ,.' 1147

" .telegrams ;...'.'... , .. .1065, 1066

Porter, William H., reappointment. ......!... 512

Potsdam State Normal and Training School, reconstruction, veto

. of bill ,.....,.,....:,. ...'.'. ,..'....'.!,'. 339

Potler, Zeuas L., appointed delegate. . '. . . ,'. . . . .... '.'.".. 531

I'otts, James H., appointed delegate. .' 532

Pp'ughkeepsie, charter, Veto of bills ainending:' ,

hours for holding special elections 335

: publishing ordinances and compensation of election

officials '.:'.'.-: 335|

salary of corporation counsel ."........ ' 333

' extraordinary trial term, of Supreme Court in. ".'•,■ ,• ; •, •,;,,, 597

'.'"',' tuberculosis hospital, veto' of tiill'. . '.'.'. .'. /.".'■l^l'.'i\ .^. ..... .''.' "'.315

Poiijid, Cuthbert W., appointeil delegate! .!!...,;...., .,. . 568

Pratt, Anna B., appointed delegate. . /. . , . . ' ... 531

Pri(!e, James R., appointment .^.' , . 503

. letter from '. . : '. . .^ 'll83'

Priest, George E., appointed delegate ' ' 532

Primaries, direct, special message. / 1 101

to extraordinary session .j. 117

, statement in annual message .Jv,, . .' . . .,,''. .',, 28

■ * veto of bills .'. '. .'.'; . .'.'.'.. . .190, 207

1558 Index

PAGE

Primaries, direct, addresses on:

Albany, Executive Chamber 1473, 1480

Harmanus Bleeeker Hall 1463

Brooklyn 1368

Buffalo auditorium 1324

Catskill 1403

Corning ." 1359

Democratic county committees, speech of chairmen of 1311

Elmira, in response to Rev. Father Bloomer and school chil-
dren .- ;: 1352

Elmira College for Women 1354

Elmira Colonnade Theatre 1333

Glens Fails 1398

New York city. Cooper Union and Brownsville 1451

Nlblo's Garden 1^85

Star Casino ; : ! . 1378

Rochester .' '; ; 1426

Schenectady 1342

Stapleton , . . 1416

Yonkers, New Rochelle, and White Plains 1443

Prince, Samuel, appointed delegate 540

Printing, report of Committee of Inquiry 650

legislative and department, veto of appropriations for 379

Printing board. State, establishment, special message 106

Printing law. hill amending '. 776

veto of bill amending 354

Prison Assbciation of New York, letter on plan for relief of con-
gestion at Sing Sirig Prison 1213

Prison Farm for Women, repbrt of Committee of Inquiry 759

Prison Law, bill amending. 771

veto of bills amending 276, 314

Prison reform, "appointment of commission 970

Prisons, appropriations, veto of 367

investigations, appointment of G. W. Blake 855

Auburn Prison, report on 867

Great Meadow Prison 856, 885, 985

reports and papers pertaining to 983

Sing Sing, report on 898

message, recommending legislation on 163

report of Committee of Inquiry. . 722, 769, 835

sales agent of department, statement concerning 850

Prisons Commission, bill relating to 771

commissioners, nominations ! . 5.52

veto of appropriations 367

Prisons, new, bill relating to 772

emergency message 498

members of Commission on, appointment 554

message transmitting report of Commission 163

report of Commission 973

report of Committee of Inquiry 723

Prisons, Superintendent, appointment 511

appointment of <3t. W. Blake to investigate 855

charges and specifications preferred against 841

letter from 972

order of removal from office 848

opinion of the Governor 849

Index 1559

PAOB

Probation Commission, appointive member 558

bill relating to 772

Proclamations '. , 11

Black, Frank ,>., death of 11

Flag Day 17

floods in Oliio and Indiana. * 12

Legislature, convening in extraordinary session 16

tax law, repeal of chapfes 356 and^ 357 of laws of 191 S" 13

iPi'operty, real, see Real Property.

'Fros.pect Hill Cemetery Association, veto of bill changing date of

meeting 197

Pryor, George L., appointed delegate 562, 563

Public Buildings Department, report of Committee of Inquiry.. 730

veto of appropriations for 397, 398

trustees, veto of appropriations for 397

Public buildings law, bill amending, emergency message. ....... 498

veto of bill amending 271

Public Health Commission 605

draft of bill to carry into effect recommendation, special

message V 88

findings and recommendations, special message 80

recommendations 610

report ^ 609

Public Health Council, appointive members 557

Public Health Department, report of Comm'ittee of Inquiry .... 698

"Public health law, bills amending 776

bill amending, approved 466

bill amending, emergency message 487

veto of bill amending 316

Public lands law, veto of bill amending 346

Public Service Commissions:

appropriations for, veto of 387, 388

commissioners', indorsement of certain persons as 1239, 1244

Committee of Inquiry, report on 695

First district, appointment of Commissioner 511

Second district, appointment of Commissioner. Ml

letter to 1147

nom'inations 552

Public service commissions law, ibill amending emergency mes-
sage 489

Public Works Department, report of Committee of Inquiry. . .699, 736

veto of appropriations for 406, 407

Public Works, Superintendent:

appointment 509

inspection of docks and piers, veto of bill 3i54

letters from 1186, 1196, 119S, 1200, 1201

Pul'itzer, Ealp'h, appointment 507

Putnam, Harrington, appointed delegate 568

designation as temporary, associate justice, Supreme Court. 579

Queens county, district attorney, charges against 984

jails, employees, veto of bill 253

street surface railroads, construction on macadamized public

highways, veto of bill 293

Quick, Simon P;, term expired 552

Quirk, R. R., appointed delegate '640

1560 Index

PAGE

Race discriminations, bill relating to, approved. 433

Racing, enforcement of law 1148, 1159, 1169

liafferty, William F., nomination '. 549

appointment 553

Railroad law, bill amending approved. Full crew bill : . .■. 424,

full creM^ law, statements by Governor 1108

veto of bills amending:

coalj carload shipments, diverting 328

conveyance of railroads and their franchises, . .i...r. .... .i 244

crossings , 338

Kings county, railroads operating between Flatbush

avenue and Manhattan crossing, veto of bill , 323

New York city, stations in the Bronx 264

time of construction 328

Randall, Henry M., appointment 366

Randall, James A., appointment _i 523

Ransom, Elton T., nomination .169, 551

Ray, George W., reappointment ...:.... : '. . 506

Ray Brook,, see. New ,York. State Hospital for .Treatment of In-
., cipient Pulmonary Tuberculosis.

Raymond, Lewis F.,, resignation 507

Real estate men, address at banquet .>.... 1265

Real property, making the State a party in actions affecting,

veto of bill ). 345

- notice of certain sales, veto of bill .' . 315

Real property law, veto of bills amending: 324, 327

Ream, Norman B., appointed delegate 537

Redington, Lieut. George 0., appointment 5fl2

Redmond, Patrick, appointed delegate ; . . . ... . . .,. 545

Reel, G, Gordon, statement relative to removal; from oiiicei. . . ; j . . 832

notice of removal from office :;...;!...! 834

'Reformatories, appointment of G. W. Blake to investigate 855

members of State Board of Managers, nominations 549

Reid, William B., appointment 522

ReilTert, Edith, appointment. . 521

Reilly, Rt. Rev. Mgr. J. Li, appointed delegate 544

Remensnyder, Rev. J. B., appointed delegate 541, 569

Removal proceedings:

Highways, Superintendent 832

Prisons, Superintendent 841

Schenectady; oounty, sheriff. . . . ; 7-89

order of removal 796

Suffolk county, sheriff 777

order of removal 787

Reporter, see State reporter.

Reports, printed as legislativte documents, extra copies, veto of bill 354

"Reservations, report of Committee of Inquiry. . . . : 73S

Reynolds, James B., appointed delegate : 537

■Bhoades,; John, Harsen, appointed delegate 537

Rial, W. H., appointed delegate 543

Rice, Mrs. Wm. B., appointed delegate, . 56(V

Rice, William Gorham, appointed delegate 543

Richmond county, sheriff, salaries of appointees, veto of bill 322

Ridder, Herman, appointed delegate 644, 559

appointment on Samuel J. Tilden Memorial Commission. . . . 507

appointment as Commissiioner of State Board of Charities. . 510

appointment as Superintendent of State Prisons 511

declined appointment 511

Index 1561

PAGE

Rifle Range, at Blauvelt, statement in relation to ' 1045

Riggs, James, appointed delegate ; . . . , 537

Riis, Jacob A., appointed delegate . .' 533

Riley, John B., appointment on Prison Reform ■Commission 970

appointment as Superintendent of State Prisons 511

appointed delegate 544, 560

- letter from ; .* ■ 972

resjgnation as countygudge, Clinton county. 508

Riordan, Danic'l J,, appointed delegate :. . . 528

Riverhead, extraordinary trial terra of Supreme Court in ..... . 5fl4

Roads, see Highways. i-

Robaoher, W^ilTiam W., term expired 520

bobbins, John Clinton, term expired . . j 551

Roberts, Rev. J. C, appointed delegate.. 561

Robinson, Mrs. Douglas, appointed delegate 533

Robyns, Joseph, appointed delegate., u 540

Roche, George T., appointment 518

Roche, William J., reappointment. ..;....,.., 505

Rochester, address on direct primaries ,;....,. 1426

, lerection of State armory, bill approved. ..480

grade crossing at Brown street, veto of ' bill abolishing.... . . 353

veto of bill amending charter 284

Rochester, Corning-Blmira Traction Company, veto of hill extend-

. ing time for completion 343

Rochester State Hospital, amounts recommended for repairs. . . . 766

. ' appointment of manager ^ ....... ..; 518

. veto of certain appropriations for .i . . . 306

Rockland county, address to delegation from, poncerning State

road .....'..........' 1 .tj. ......... . 1235

Roesch, George F., appointed delegate. ; ! . . 568

Rogers,_ Charles S., appointed delegate 560

Rogers, R. R., appointed delegate 537

Rogers, William C, report on Auburn disturbances 1095

IV supplemental report :■ 1096

telegram from : 1092

Rome, bridge fever Black River canal, veto of bill: . i 340

charter, veto of bill amending. . . .i. 218

Rome State Custodial Asylum, amount recommended, for repairs. 769

appointment of managers i t 521

veto of certain appropriations for > . .311

Romer, John L., nomination i 169j 551

Rooney, John Jerome, appointment / • . •. 510

Roosevelt, Franklin D., appointment. , .i.u../. 553

Root, Arthur G., appointed delegate .j,,ii..(.j. 537

Root, Elihu, appointed delegate. . . . , l.j.^u .,...! 527

Rosondale, Simon W., appointed delegate. . ... . .u.ji. . 1 . . .537, 544, . 559

Rosenstraus, Arch B., appointment , •, i.- 559

Rosenthal, Alexander, appointed delegate .....j 540

Rosenthal, Benjamin, case of i i 1025

Rosenthal, Saul J., case of, veto of bill : • 274

Rothschild, Daniel, appointed delegate; . 529

Roy, John H.. resignation 513

Royal, John M., appointed delegate 561

Rudd, William P., appointed delegate..! j. 5G8

Rudolph, Gerald K., appointed delegate .532, 537

Ruppert, Jacob, Jr., appointment. ..:..-. : 519

Rvisscll, Mrs. Edith L., appointed delegate ; 560

1562 Index

PA.GK

Russell, Mrs. Ethel G., appointed delegate , 560

Russell, Dr. John W., statement concerning resignation 854

Ryan, Jeremiah, appointed delegate 540

Ryan, William, appointed delegate 540

Rye, election of deputy receiver of taxes, veto of bill, 266

Sackett, Henry W., term expired 550

Safety standards, statement in annual message 31

St. Lawrence State Hospital, appointment of manager 516

veto of certain appropriations for 306

Saint Patrick's day. New York, speech at banquet celebrating.. 1280

Saloons, address to delegation protesting against bills concerning 1298

Samson, Bernard S., claim against State, veto of bill. '. . . 224

Samuel J. Tilden Memorial Commission, appointment of members 507

Sanbury, J. William, appointed delegate 526, 564

Sanders, Leon R., appointed delegate 568

Sanger, William Gary, resignation 508

Santa Clara, veto of appropriations for 402

Saranac river, veto of appropriations for improvements 408

Saratoga county, race-track gambling 116fl

Saratoga Reservation, bonds, payment of principal and interest,

veto of bill ' 346

veto of appropriation ; 198

Satterlee, Herbert L., appointment 555

Savings banks, bill relating to, approved. 416

pensioning employees of, veto of bill. 226

Sawyer, Samuel Nelson, appointed delegate , 560

Sawyer, William A., appointment 504

Sawyers creek, improvement, veto of bill providing for 339

Sayles, John, appointed delegate. : 569

Schenectady, city and ward boundaries, veto of bill amending

charter 286

judiciary department, veto of bill 286

police pension fund, veto of bill 222

speech on direct primaries 1342

street improvements, veto of bill amending charter. 286

Schenectady county, sheriff, appointment 508

proceedings for removal of 789

answer to charges 790

appointment of Commissioner to examine into charges 791

opinion of the Governor 792

order of removal 795

Schermerhorn, Edward Gilbert, appointment 501

Schiff, Jacob H., appointed delegate 537

Schiflf, Mortimer L., appointed delegate. . 537, 544, 560

Schmidt, Nathaniel, appointed delegate 537

Schnitzer, S. Louis, appointed delegate 545

Schoharie State Sdhool of Agriculture, appointment of trustee.. 558

appropriations for 360

veto of appropriation 289, 290

Scholarships, for the aid of students in colleges, bill approved.. 442

School Hygiene, International Congi'ess, appointment of delegates 533

Schools, publication of notices of meeting, veto of bill 236

ventilating systems in, commission to examine and investi-
gate 965

Schoonmaker, Daniel, nomination 549

Sehrieber, Anthony, appointed delejgate; 537

Sehultze, Paul L., appointed delegate 529

Index 1563

PAGE

Schutrum, Charles L., claim against State, veto of bill 230

Schuyler, Louisa Lee, appointed delegate t 559

Schuyler county, coroner, appointment 508

Schuyler Mansion, appointment of trustees . . . , 504

Schwab, Joseph S., appointment 510

Schwarzenbach, J. E., appointed delegate , ft 529

Sconfietti, letter from, concerning Auburn disturbance 1088

Scot, Mrs. Clarence E., iappointed delegate 564

Scott, John, appointed delegate 540

Scott, Joseph r., charges and specifications preferred against... 841

order of removal from office , 848

„ opin ion of the Governor 849

removed from office, as Superintendent of State Prisons. ... 511

resigned, as member of Commission on New Prisons 554

Scudder, Townsend, appointed delegate 569

Seabury, Samuel, appointed delegate 569

Scager, Henry R., appointed delegate 540, 543

.Sjeajlers of Weights and Measures, address to delegation. . 1248

Secretary of State, report of Committee of Inquiry 689

veto of appropriations for 362, 372, 373

Secretary to the Governor, appointment 501

Sfiitz, Don C, appointed delegate 533

Scligman, Isaac If., appointed delegate 537

Senators in Congress, election by the people, special message. ... 39

statement in annual message 25

Session laws and statutes of the State, Commissioner to prepare

index to, appointment 554

Sessions, Fred W., appointed delegate 538

Scvernc, Frank W., term expired i 524

Scwall, Rev. Chas. G., appointed delegate 560

Seymour, Capt. Charles R., appointinent 501

S'banahan, Wm. T., appointed delegate . . . . . ,. , 545

Shanks, Milo, appointed delegate J . '. 532

Sharp, Ira, term expired . .,..'.. .' 514

Shaw, H. L. K., appointed delegate '. ....'. 537

Slieehan, James, appointed delegate ^ 540

^lieffield, William H., appointment • • • ^51

Siu'intag, B. L., appointed delegate '. '. 540

Siieldon, Edward W., appointed delegate 560

Shelter Island, maintenance of a certain dock, veto of bill 324

Slicnnan, Arthur Outram, reappointment.... 617

Sliermaii, P. Tecumseh, appointed delegate... 542, 543

Slullady, John R., appointed delegate 533

Shonts, Theodore P., appointed delegate 537

Sliortt. William A., terra expired '■ '■ 504

Silliman, James R., appointment '. 520

Silver service, presentation of, to U. S. S. New York, letter re-
garding 1187

Silverman, Rabbi Joseph, appointed delegate 570

Simkhovitch, Mrs. Ma;ry K., appointed delegate. ...;.... 530

Simms, Rev. G., appointment 506

Simons, A. J., appointed delegate 563

Sing Sing prison, establishment of new State prison to take

place of, report of Commission 973

present conditions 979

relief of congestion, ' letter regarding 1213

report of Committee of Inquiry 763

report of George W. Blake on 898

1564 iNbEk

PAGE

Singleton, Thomas W., term expired : 522

Sinking funds, report on, by Committee of Inquiry .361, 662

statement in annual message 24

statement regarding 1105

taxation for contributions to, message relating to :. .. 147

Sir Wm. Johnson mansion, vet6 of appropriations for. 406

Sirovich, William I.; appointmeiit . . .- .' ' ;...517, 554

Sfeson, Herbert S., appointed delegate.': . ....'. 545

Skwirsky, Alexander, case of '. 1037

Slicer, ReV. Thomas E., appointed delegate 533

Slowe, Mrs. C. S., appointed delegate'. V. . ',''.'_'.''■' 564

Smith, Alfred E., appointed delegate ;'...;. :':':V:; 540

Smith, Charles B., appointed delegate ':'. . i .':. . '.','1' ' 528

Smith, Francis P., appointed delegate 1 .... i ... .-;'. 544

Smith, George Herbert, term expired 518

Sinith, George Wilson, appointment; 507

Smith,' Matthew J., charges against : 984

letter from' .'!'.': .' .'.' . ! .'. , . . , '.* 1150

Smith, Nathaniel, appointed delegate .'...;' 54o

Siith, Peter J., appointed delegate.. .!.....'. 562

Smith, Stephen, reappointment' . . ■.'.''.' ..;...; 510

appointed delegate : ' '544, 559

Smitli, Tlieo. B., appointed delegate •'..':. :.'.'" ' 564

Smith, \i alter Lloyd, appointed delegate 569

'Smollen, H. E., telegram from ...:... 1191

Sijifferi, John W., case of .'.*;': . . .'.'. 1026

Snow, Elbridge G., appointed delegate ;..;.■.,....'... 537

Snyder, C'. W., appointed delegate ..'..'...'.....' , '...'. 540

Social Insurance, American Conference oil, appointment of dele-
gates to .:...;..' 543

Solomon, Henry, appointed delegate ..'..: ...:.,....... 544

.Spellman, J. 0., appointed delegate. 540

Spencer, H. A., appointed delegate. ..'..." '. 561

Sprague, W. B., appointed delegate. 537

Spratt, M. C, appointed delegate 569

Sp'ratt, Ihomas, appointed delegate. . 569

Squires, Albert J., appointed delegate 569

Stanchfield, John B., appointed delegate 569

Stapletori, Luke D., appointed delegate 56j)

designation as temporary, associate justice. Supreme Court.. 578

Staplcton, address on direct, ^primaries, .,. 1416

State Agricultural and Industrial $'chool, ,:Iijdustry, amount \

recommended for repairs . .' 767

,,- appointment of managers. ........; 518

, veto of certain appropriations fqr ...,,.... 310

State bpards and commissions law, veto of l^ill. amending... , . . . . 342
^ta,te boards, commissions and departments, see specific n^mes of.

.^ate departments, appropriations .,. . 358

1. ,. inyestig&,tion, appointment o;£ Committee , of Inquiry 652

. ' recomraiendation in annual message . . . . : .....,.,..., 38

report of Committee of Inquiry 653, 686, 770

; .special message transmitting report of Committee of In- , , ;

quiry 89

See also specific names of.

State Fair, Syracuse, report of Committee of Inquiry - 764

State Fair Commission, appointment of Commissioner 514

report of Committee of Inquiry : 718

Index 1565

;■" ' • PAGE

state liosiJital Commission, report of Committee of Iiiquii'y. . . : . 727

veto of appropriations for. . 391, 392, 393, 394

veto of bill relating to :;..:■ 183

State Hospital Commissioners, appointment : .' . .' 5(J8

State hospitals, amounts recommended for rejpairS ....'/, 765

appointment of managers :........; .'* 5'lo

appropriations '. '■ ' 359

' veto of certain items '■ ■ '. ' 302

retirement of employees, veto of bill'. : 201

State House, alteration for use of Court of Appeals, veto of bill . . 3^8

State Industrial Farm College, appointment of ihanager 520

State institutions, report of Committee of, Inquiry 758

State institutions, appropriations ; . .358, 359

emergency message : 492

tire protection,, veto of bill 330

repairs, amounts i ecoraiTiended '. , 765

bill relating to '176

veto of '. ; 308

State Library, appropriation for books 706

branch in the capitol, veto of bill 343

Stale militia, claim for counsel fees and expenses, veto, of bill. . . 229

State office buildinirs, report of Committee of Incjuiry 764

State Printing board, see Printing Bpard, State.

State prisons, see Prisons.

State Reformatoi'y for Misdemeanants, appointment of managers., 51!)

Stale reporter, veto of appropriations for . ; 386

Sta'..ionery and office supplies, report of Committer of Inquiry. . . 061

f:tatutory Consolidation Board, message transmitting report ,..45

Stauifer, D. McXeely, deceased , 512

fcstaver, Christian It., removed froni office 508

proceedings for removal of ......... 789

answer to charges :, 790

appointment of Commissioner to examine into charges 791

opinion of Governor - . , 792

order of removal 795

Steam vessels, inspectors, bill relating to. . . . .• i 771

Stegman, Col. Lewis R., appointment 506

Stephens, John B. M,, appointed delegate 537

Stern, Kugene W., ap.pointied delegate. ;;. . 529

report on highways ; ;...... 916

Stetson. Francis Lynde, appointment . ;.....' 553

Stevens, Frank W., retirement as cliairman of: Public Service

Commission '. . 562

Stewart, (iilchrist, appointed delegate . . .' 563

Stewart. Walter H., appointed delegate 562

Stewart, William Rhineland(;r, reappointment 510

appointed delegate .544, 559

Stickles, C. H., appointed delegate ; 540

Stock exchanges, bills relating to, emergency messages 487, 488

necessity of remedial legislation regarding, special mes-
sages ;........ 1'. . .55, 113

statement liy (governor : : 493

rofonns in; statement regarding bills. ..:..:......::. 1046

Stock transfer tax, message .' : ••,,■■'•' , 135

bill approved ....,.'..,...... 482

emergency messages '. ■ '. 487, 488, 497

1566 Index

stock transfer tax, message — Continued : page

proclamation relating to 13

recommended legislation by Committee of Inquiry 770

statement by Governor 1.5

Stocks, American can, activity of 1184

Storm King mountain. State road around, address to delegation. 1235

Stowell, ClUude V., letters to 1121, 1124

reply of 1122

Stracham, Grace C, appointed delegate .531, 537

Straight, Mrs. Willard D., appointed delegate 537

Stratton, Hubert C, term expired 505

Straus, Nathan, appointed delegate 537

Straus, Oscar S., appointed delegate 337, 541

Strong, E. H., appointed delegate 529

Strouss, ilugene M., appointment 508

appointed delegate 545

Sturdevant, James H., to act as Superintendent of Highways .... 834

Suffolk eounty, highways, veto of bill 336

sheriff,, appointment 508

charges against '. . . . 777

appointment of Commissioner 778

opinion of Governor 779

order of removal 787

treasurer, veto of hill 33!)

Sullivan, Rev. Father Francis J., appointed delegate 531

Sullivan, James E., resignation .503

Sullivan county, coroner, appointment 559

Sulzberger, Cyrus L., reappointment 519

appointed delegate ...'... 545

Sulzer, Governor William, biographical sketch ; iii

inauguration .'...;.... .5

Sunday traffic on, bill relating to, approved ..:...... 454

Sunderlin, Charles E., term expired 518

Supplies, purchase by State Board of Contract and Supply, bill

relating to 656, 770

report of Committee of Inqu'iry 661

Supply bill, appropriations recommended by Committee of In-
quiry • 678

emergency message 490

items vetoed 361, 372

recommendations of Committee of Inquiry 658

statements by Governor regarding 356, 358

Supreme Court, Cohalan, Daniel F., matter of charges against. . . 943
extraordinary trial terms:

Carmel 596

H'udson Falls 595

New City 593

Poughkeepsie . . ; oW

Riverhead 594

justices, appointment 525

Supreme Court, Appellate Division:

First department, appointment of interpreters, bill approved. 452

publication of opinions of justices, veto of bill 20i3

Third department, extraordinary term, determining legality

of appointment of John Mitchell as Commissioner of Labor. 589
Supreme Court, Appellate Division, designation of justices:

Hotchkiss, Henry D.. First department 575

Howard, Wesley O., Third department 580

Index 1567

Supreme Court, Appellate Division — Continued : page

Jenks, Almet F., Second department. , 376

Kellogg, Henry T., Fourth department, associate justice .... 584

designation revoked 384

Kruse, Frederick VV., Fourtli department, presiding justice.. 383

. revocation of designation . , 582

Merrell, Edgar S. K., Fourth department • • • • » 585

Miller, Xathan L., First department, designation revoked. . . . , 573

Putnam, Harrington, Second department 579

Stapleton, Luke D., Second department: 578

Woodvirard, John, Second department, designation revoked.. 377

Woodward, John, l^hird department •. 381

Supreme Court libraries, appointment of trustees 504, SOS, , 558

veto of appropriations .'.'384, 3So

^jj^sdorff, CJiarles A., Franklin B. Ware writes to, concerning-

,-.■ Great Meadow prison 886

Sutro, Frederick, appointment ; . . , , 512

Syracuse, acceptance by dedication of streets, highways and

alleys veto of bill , 222

city and ward uoundaries, veto of bill amending charter. . . . 334

Department of Public Works, veto of bills 219, 246

storm water sewer system, veto of bill 279

Xaber, Marion R., resignation 519

Talbot, Mrs. Wm., appcVinted delegate 561

Talcott, Charles A., appointed delegate 528

Talty, John H., indorsement as Public Service Commissioner 1239

Tax, direct, see Direct tax.

Tax Commissioner, appointment 510

Tax Commissioners, report of Committee of Inquiry 701

veto of appropriations for 366, 368

Tax law, bill amending, approved 482

hills amending, emergency messages 487, 497

message urging repeal of certain amendments 135

repeal of chapters 356 and 357 of laws of ,1913, proclama-
tion and statement by Governor 13

veto of bills amending :

appraisers, stenographers and clerks, appointment.* 328

collection of taxes i ; . j . ; . . . .■ 347

equalization by boards of supervisors 328

exemptions -. . . . ,271

mortgages, taxation ..i j i . !. .'■. 346

Xew York (county), stenographer, salary of 316

refund taxes on transfers of stock. ; , 243

special franchise property 347

SuflFolk county, treasurer 339

Tax Ijaw Revision Commission, appointment of members. :....., 557

Taxation, direct tax law. . . , ; '. ■. . . . 147, 354, 492

statement in annual message, v 37

stock transfers, message ; i ; 136

bill approved 1 1 . . i . :..... 482

emergency messages 487; 488, 497

Taylor, Benjamin Irving, appointed delegate 528

Taylor, 0. Q., appointed delegate ; 540

Taylor, David S., appointed delegate i. ... ... .5'32, 537

Taylor, J. Henry, appointment 506

app<iinted delegate 561, 563

1568 Index

,, , , ., PAGE

Taylor, Mrs. J. Henry, appointed delegate S'62

Taylor, John G. R., appointed delegate 560

Taylor, R. A., appointed delegate 562

Taylor, Samuel Walter, appointment. . ; 557

Taylor, Valentine, appointment ; 501

correspondence with District Attorney Wysong 1163, 1167

letter from, relating to charges against Daniel T. Cohalan . . 943

letter to Jos. D. Cannon 105fi

^ letter to Sheriff Knowlton 10i54

Taylor, Mrs. Walter, appointed delegate 564

Teets, 'Oapt. Sylvanus 6., appointment 50il

Telephone arid telegraph lines, and corporations bill relating to,

emergency message 48!)

Ten Eyck, Coh Jacob L., appointed delegate 560

Ten Eyck, Peter G., appointed delegate 528

Tenement House law, veto of bill amending 314

Terry, Charles T., appointed delegate 569

Text books, free, bill to provide 770

Thaw, Harry K., case of, appropriation for counsel employed by

Attorney-General, approved bill . . : 415

'. statement concerning alteration of testimony by. 862

statement concerning special privileges accorded to .853

Thiells, see Letchworth Village. i

Thomas, Augustus, appointment. .•.....;.. 507

appointed delegate j 529

Thomas Indian. iS(£oolsi Iroquois, amount recommended for re-
pairs 768

■ ' appointment of managers 522

T veto of certain appropriations for .i. ...;..... . . . 310

Thompson, C. B., telegrams ;.•..,... IO8O1, 1081

Tlmmpson, Gertrude, appointed delegate .,......;....■.. 562

Thompson W. Gilman, appointed delegate. i 543

Thorndike, Edward Lee, appointment 965, 968

Thorne, : Angus P., appointed delegate . .: 560

Thorpe Dr. J. F., appointed delegate: ; •. ; .' 568

Tierney, Charles, appointed delegate j .. . 540

Tierney, Frank A., appointed delegate. ■. 540

Tierney, Michael A. reappointment .505

Tilden, . Samuel J., bill providing for celebration of birthday

approved 476

Tilden, Samuel J., Memorial Commission, appointment of mem-
bers .'.';. . 507

Tilden, Samuel J., appointed delegate. : .;.... .545, 560

Tillson, Duncan, appointed dclegaie. :..,.. ■•■. .-.'1.. l. ..... . 532

Times, Rev. S. M., appointed delegate. . ■:...''..' 562

Tobin, Matthew J., reappoimitmeinit. 517

Toledo, Rafael, statement by Governor in commuting sentence.. 1035

Toll bridges, crossing canals, appropriation by State, message on. 151

veto of bill relating to 212

Tompkins, Arthur S., to hold extraordinary trial term of Supreme

Court ; 596

appointed delegate : ;...... 569

Tompkins, Ray, appointment 513

Torrey, Edwin F., Jr., terra expired . . : . 522

Index 1569:

Toiyn law, veto of bills amending: page

S.S8es8ors, compensation of 328

compensation of town officers. .,.,...... 325, 3281

constitution and meeting of town, boardj '. ......... .• 323

^. justices of the peace, leasing of building for , 325

meetings of town auditors. ... i... >,, .,..., . . . , 351

sewer commissioners ,. . i^ 323

Towne, JHenry R., appointed delegate 537

'iownsend, Capt. Reynolds K., appointment 502

■Townsend, William, resigned 555

appointed delegate . . 560

Tracey, Thomas, appointed delegate , ;..... 540

Trade-marks, veto of bill amending Penal Law in relation to. . . . 322.

Tramp colony, bill to repeal act providing for ; . , 776

report of CJommittee of In,quiry , 759

Trans-Mississippi Commercial Congress, sessions at Wichita,

kans. 1231

Transportation corporations, veto of bill relating to ; 315

Transportation corporations law, message recommending amend-
ments 153

veto of bills amending:

acquisition of lands by gas corporations 353

stocks and bonds of freight terminal compaijies ........ 353

water storage corporation® ,- ■ ■ • 291

'Ireasurer, State, report of Committee of Inquiry 692

, veto of appropriations for 363

'ireman, Charles'E., appointed delegate.... 529

Troy, State dam, correspondence, on , 1129

Truant schools, veto of bill amending education law 347

Truesdale, W. H., letter from 1115

, letter to , ,.,...., 1117

Truman, James lS., appointed , delegate . . . , . 569

Tuberculosis hospitals, establishment of workshops, bill approved . 449

Tueker, Frank, term expired. ... • 517

: appointed delegate 560

Tuttle, Adrian, appointment ..... .... ' 505

Xrwiman, vV'illiam, appointment of commission to examine as to

sarjity ., 997

report of case by Governor and report of commission.. 998

denial of application by Groverno-r ;........- 999

TVisby, Rev. L. D., appointed delegate 562

Ulster county, address to delegation from, concerning State road. 1235

Underhiil; Edwin. S., appointed del^ate 528

iinexpended balances, bill relating to 771

statement by Committee of Inquiry 657, 659

iJniform. State laws. Commission, report of Committee of Inquiry. 698
Jnion f r«e school districts, publication of notices of meetings,' veto

of bill : . . . : 236

United "Commercial Travelers, Grand Council, address at 13th

annual session 1440

United States senators, direct election, special message 39

statement in annual message 25

United States steamship " New York," presentation Of silver serv- j

ice to; letter concerning • 1187*

■-:■■ 50

1570 Index

PAGE

University Club, address at banquet 1261

Utica, bridge over Erie eanal, veto of bill. .' . 341

iward collector, abolishing office of, veto of bill amending

charter ..:... 218

Utica State Hospital, appointment, of manager 516

report of Committee of Inquiry '761

veto of appropriations for .306, 392

Vacations and leaves of absence of employees, veto of bill 351 '

Vail, John H., ternj expired ' 551

V^an Cortla'nd, Robert B., appointed, delegate 527

Vanderlip, Frank A., appointment. '. 519

term expired ,|,„. ........ . . : 519

Vanfredenburg, H. A., appointed delegate ' 563

Van Gorder, GreenleaTf S.y appointed delegate. 569

Van Laer, Arnold J. V., appointment 555

Van Santvoord, Seymour, term expired. 501

resigned .. i ..... : 555

Van Tuyl, George, Jr.:

charges by depositors of the Washington Savings Bank

' against 815

reply to charges 820

reply of, concerning charges of W. D. Cameron 796

Ventilating systems in public schoola, commission to examine and

investigate , 965

Ventilation Commission, statement by Governor 966

Verbeck, Adjutant^eneral, investigation of purchase of arsena.1

site, report of Committee of Inquiry 601

statement by Governor 603

Veterans, and volunteer firemen, legal expenses, veto of bill ...... 316

reinstated by courts, legal expenses of, veto of bill ] . . . 344

Vetoes of bills relating to:

Adjutant-General, settlement of claims .257, 263

aged, home for 341

Agricultural law, bill amending 259

agricultural schools in towns ■ 335

Agriculture, State Department, appropriations ;:.367, 390

Agriculture, State Stshool, Morrisville, appropriations 390

Albany Post Road, Westchester county, laying railway tracks

upon 282

American Museum of Safety 281

' Amsterdam, policemen's ' relief and pension fund 280

. animals, destruction of diseased. . 259, 261

: apportionment, prompt review of 352

appropriation bill 362

armory at Malone 348

at Yonkers : 345

Athletic Commission, appropriations 366

Attorney-General, appropriations 373, 374, 375, 376

Auburn, Sunnycrest Sanatorium 286

automobiles ,.. 354

Banking law, bills amending 226, 320

Barge canal, junction locks at Rome and Mohawk 343

Barge canal terminals, appropriation for pajinent of interest ,

on debt 355

Batavia, bill incorporating 242

ISTDEX 1571

Vetoes of bills relating to — Continued : PAGE

Binghamton, bills amending charter .217, 253

Binghamton State Hospital, . appropriations 302

_ Bishop, George W 322

Black river, reconstruction of causeway 407

Black River canal, bridges . ; 340

improvements ,332

blind voters, assistance , 316

Bridge Commission, interstate, bill creating 342

bridges, construction and maintenance 335, 336, 341, 342

Buffalo, bills relating to 217, 21Q, 220, 222, 246,

1 . 247, 248, 278, 3il7, 319, Sp, 331, 352

Buffalo State Hospital, appropriations ! .'. . 302

Business lawj bill amending '...., t .■ ... .K ... ^ 330

canal debt, appropriation for payment of interest 355

canals, bonds for improvement 212

Catskill, construction of brick pavement 345

Cattaraugus creek, improvements 407

Cayuga county, clerk 258

conveyances upon tax sales, 328

Cayuga Nation of Indians, appropriations 403, 404

cemetery lands 327

cemetery monuments ; 337

Central Islip State Hospital, appropriations 303

Champlain canal, bridge over 332

charitable institutions, retirement of employees 337

Charities, State Board, appropriations 368, 394

chattel mortgages, filing 326, 347

children, employment .after school 330

cities, bills relating to 245; 278

fire departments ■.•...u 283

patrolmen, bill to promote health, and eificieney. of 278

special bills not accepted by mayors i . .^,. .252, 274, 284,

286, 287, 299

City law, bills amending 279, 321, 352, 353

Civil Service Commission, appropriatons.-. 364

Civil Service law, bills amending 253,. 281, 316, 344, 351

Claims, State Board of 327, 330

appropriations 364, 386, 410

jurisdiction in special cases 223, 228, 316, 337

Clinton House, appropriations 406

. Code of Civil 'Procedure, bills amending 230, 256, 285,

315, 316, 337, 352

Code of Criminal Procedure, bill^ amending . ,.: i 314, 343, 353

College of the City of Xew York, receiving bids for 318

Comptroller, bills relating to .262, 325,. 362, 363, 373

Conservation Department, appropriations ,368, 369,

... 370, 398, 399

Conservation law, bills amending 267, 295, 321, 326

Constitutional convention bill providing' for, , 231

Cornell University, New York State College of Agriculture . 339

Corning, bills amending charter 189, 287

counties, commissioners of jurors 265

County law, bills amending 223, 226, 260, 294, 315

Court of Appeals, alteration of State House for use of 348

retirement Of employees 329

Delaware and Hudson canal, surveys for improving 344

Delaware river, dykes for protection of property 332

1572 Ibtdex

Vetoes of bills relating to — Continued: PAaE

Deldianty, James j . ; . . . ; 322

dental licenses ' 316

1 Deposit, bill amending charter 269

direct tax bill 3S4

docks and piers, inspection. 354

dogs, registration 223

' Dutcliess county, assessment of State lands 204

Eastern New York; Reformatory, appropriations 310

Education building , 271, 398

Education Department, appropriations...... 367, 390

Education law, bills amending. 204, 236, 240, 335,

340, 343, 347, 350

Election law, bills amending 190, 207, 20«, 210, 268, 316, 344

Electric light, heat and power companies 315

Blmira 220, 333

Erie canal '.;....;..'. 341, 343

Excise, Department of, appropriations 364, 365

Executive -law, bill amending. i 262

farm for women, appropriations; .-. .- ." 367

Far Rockaway Bay, use of nets........ '..'.1; 267

ferry owners, claims of 229

Finance law, bills amending 329, 342

Fire Island State Park, appropriations , 371

Fire Marshal 370, 404

in villages, establishment of office , . 270

Fiscal Supervisor of State Charities, appropriations 368

fishing, bills relating to 321

forest preserve, investigation of titles to land claimed by

State -. 350

Fowler, M«irf Jane 323

Frank, Aii^nsta ".' . 253

Frankfort, bon^s for highway construction 324

Fredonia, reimbursing, appropriations 390

freight, track "scales for weighing 330

Fulton, bill amending charter 337

gas corporations, acquisition of lands by 353

Genesee Falls, assessment and taxation of certain State lands 346

Genesee river, construction of bridge over 331

Geneva, bill incorporating , . . . 197

bond issue 288

Glens Falls feeder, bridge over ! 342

Gloversville, Ijill amending charter 330

Gowanda State Homeopathic Hospital, appropriations 303

Greene, Frederick S., claim of 257

Harrietstown, appropriations 402

Health, Department of, appropriations ; 365, 386

Health officer, Port of New York, appropriations 388

HeiUerty, David, reinstatement of, as court attendant 329

Herkimer county, claim against State. 225

high school education in rural communities 240

Highway laW; bills- amending. . ". 282, 335, 336, 346, 354

highways, appropriations : 331, 350, 354, 355, 411

iiivestigatidn, appropriations for 383

machinery, contracts made by town officers 337

utilizing unexpended balances of moneys heretofore ap-
propriated '. 349

, Hill, Rowland F., claims of heirs against State 330

Index 1573

Vetoes of bills relating to — Continued:.. PAGE

' . horse cars in cities of the first class, bill to abolish. 241

", ; ' Housing law for second-class cities, bill amending. 211

Hudson River State Hospital, appropriations • 303

Hydro-electric power bill ■.. 395

Industrial Compensation Board, appi-opriaitions i. .. . . ^09

:.• Insanity law, bills amending. 183, ■ 201

;;.. Insurance law, bills amending. , 248, 272, 273, 321, 32% 326

Lvi: Jamestown, paving streets . ...i .,»... , .i j . . 300

_, Johnstown police department and city officers.. 248, 320

Jones' Inlet, use of nets.i,. . . . i . . . . ;.•. .;.... 267

Judiciary law, biUs amending : . j .203, 326, 329, 337

.jurors, commissioners 265

Justices' courts 25fi, 316

Justices of the Peace 230

Keuka college. State School of Agriculture, establiahment . . 340

Keuka lake outlet , 346, 408

Kings county 323, 325

Kings Park State Hospital, appropriations 304

, labor, bill amending Penal law relating to. 313

Labor, Department of, appropriations 366

- ' . Labor law, bills amending 248, 330

_ Lackawanna, bond issue for street paving ; 300, 349

. ■ . Lake Erie Di'edging Company, claim against State 229

Laks iRonkonkoma, public park. . , . . .;, i . - . i. . .. 341

' ; : Lakes . Wanitta. .and Lakoma,. appropriations, .for. bridge . . . . 409

: lands., redemption,. Sippropriations ...»,.... r. 1 •. . 410

Legislative law, .bills amending 177, 330

'; Legislature, appropiiations .,...,. ,377, .378, 384

Letchworth Village, appropriations 311

■_ Lien law, bills amending 326, 337, 347

.. i'i life insurance corporations 273, 321

.71 Liquor tax law, bills amending 336, 342

.!■ Litttei. Falls, paving streets 218

lobbyists, promoting special assessment bills ■ 179

, Lockport ...i ...279, 340

Long Island State Hospital, appropriations. .>i.. : . . . . 304

McDermott Contracting Company,' claim of. ...... ..... ..... 225

McGurk, Henry, claim against State ,'.!.,.(.,.'.;. . . . 229

Malone, armory, addition to ....... i . ; i.^. 348

Manhattan State Hospital, appropriations 305

i: Marine Fisheries Bureau, appropriations : 370

7 Matteawan Hospital for Criminal Insane, appropriations. . . 307

: Medina, charter, bill amending 233

, 1 Middletown, bill providing for charter 342

■• Middletown State Hospital, appropriations.... 305, 392

I Minetto, construction of bridge over Oswego river 349

:■._■ Mohansic State Hospital, appropriations 306

_: Mohawk river, bridge over, at Vischer's ferry 341

Mollen, Margaret , 263

■:.: Moriarty, John L.,. claim against State, i, 224

mortgages, taxation 346

, , motor vehicles 354

. ;, Mount Vernon <■ 220, 279

Municipal law, tbill amending 342

Munro, .John I„ claim against State 224

National Guard 322

Kavigation law, bill amending.. •. . 354

1574 Index

Vetoes of bills relating to — Continued: PAOE

. New Castle, highways 338

New Eochelle ." 182, 247, 287, 347

New York Agricultural Experiment Station, building 353

New York city :

Bronx, railroad stations on steam railroads I 264

Brooklyn, escheated lands 234

Union bank, claims of depositors and creditors .... 327

BrocVklyn and Queens boroughs, boulevard 3*1

claims against city. 221

county and borough officers, payment of expenses for

medical treatment 318

court of general sessions, reinstatement of attendant.. 323

court of special sessions, clerks and deputy clerks 274

criminal courts, removal of probation officers 255

damages, time for filing claims 285

damages to real property, powers of board of assessors . . 264

digest of statutes affecting, appropriations 378

employees, retirement of 314

fire department, case of Saul J. Rosenthal 274

two-platoon system 283

firemen operating steam boilers, licensing 288

horse cars in, bill to abolish - 241

justices of city court 285

Manhattan, borough of, acquiring property for bridge

purpoBea 273

patrolmen, health and efficiency - 278

street surface railroad tracks upon the Bowery 237

teachers, removal of Augusta Frank 253

New York city, charter:

aldermen, board of 255

'• - American museum of safety ; 281

-' ■'• assessments for local improvements. . 2.75

'■f!- board of education : 254, 2.75, 348, 349

'' ' ' Brooklyn, municipal court 253

' • ■ buildings, bureau of, board of examiners 335

■ '^ College of the City of New York, receiving bids for. . . . 318
commissioners of sinking fund, powers over certain

property 333

construction of tunnels, erection and operation of eleva-
tors and escalators .... ' 333

coroners' physicians 318

dance halls and ball rooms, regulating and licensing. . . . 274

department of public welfare 285

employees, leaves of absence •n-'ithout pay 275

retirement 280

employment of inmates in correctional instiliutions. . . . 319

fire department, pilots 280

relief fund 255

telegraph service 255

uniformed force 254, 256, 275, 319

fire marshals, assistant 255

journeymen plmnbers 334

munidipal explosives commission 334

newspapers and periodicals, permits for sale of 334

normal college, teachers' retirement fund 318

police commissioners, appointment of extra deputy.... 344

I' police department 253, 256, 275

Index 1575

yejjoes of bills relating to — Continued : PAGE
, , New York City Charter — Continued:

police force and Are department, charges against 342i

president of a borough, qualifloations of assistants. . . . 254

Queens County jails, employees 253

retirement of officers, clerks and employees , 280

schoor books, disposal of discarded. .....#... 334

teachers, changing conditions annexed, to salary sched-
ules of 348

teachers' salaries 333

water front property, repair and maintenance 280

water meters and repairs 2S5

New York county, salary of stenographer , 31ft

New York Sta,te College of Agriculture, 'Cornell University 339

New York .State College of Dentistry, bill incorporating. . . . 235
New York State Custodial Asylum for Eeeble-Minded Male

Delinquents, selection of , lands as sites. 332

New Y^ork State Custodial Asylum for Feeble-Minded Women,

appropriations . . ., 311

New York State Hospital for the Care of Crippled and De-
formed Children, appropriations , . 312

New . York State Hospital for the Treatment of Incipient

Pulmonary Tuberculosis, approrpi'iations 311

New York State Reformatory, Elmira, appropriations. . .310, 3i96
New Y'ork State Reformatory for Women, appropria-
tions 30«, 396

New York State Soldiers and Sailors' Home appro-
priations 309', 395

New York State Training School for Boys, appropria-
tions ....'. 312, 397

fees of commissioners of appraisal 350

New York State Training School for Girls, appropria-
tions 309, 396

New York State Woman's Relief Corps Home, appropria-
tions 311

Newburgh, assessment for sewer. ....,,.,,... ...;.,...,, 315

Newspapers, discriminations for publication of sespion

laws, etc 294

Niagara Falls 218, 221, 227, 246, 277, 317

Niagara reservation, appropriations. . 405

Normal and Training School on Long Island, establishment. 343

Normal School at IVUllerton, establishiuent 345

Normal schools, salaries of teachers 350

North Tonawanda 220, 221

Ogdensburg 247, 280, 320

Ohio, proceedings of board of assessors, legalizing. 324

O'Keefe, Michael, claim against State ,; , 225

Olean, bill amending charter 300

omnibus vetoes 313, 327, 338 344

Oneida Nation of Indians, claim of 225

Oneonta, bill incorporating 190

Onondaga county, construction of brick/ pavement. 351

O'Sullivan, Michael, claim of 331

Oswego river, bridge at Minetto 349

Palisades Interstate Park, 3(11, 355

pardons, bill amending Prison law 314

Penal law, bills amending 261, .313v 322

Penn Yan, repairs to bridge over Keuka lake outlet 346

1576 Index

New York City — Continued : PAGE

pensions, New York city employees 314

Normal 'College of the Oity of New York, teachers 318

savings banks employees '. 226

State chai'itable institutions, employees 337

State hospital employees; 201

State prison employees . . : 276

pheasants, open season for .->;'. . . 321

Philipse manor hall, Yonkers, appropriations. ..:.... 371

physicians, examining 337

plumbing corporations .'..........: 352

Port Jervis, bill amending charter .180, 181

Port Leyden, bridge over Black River canal 340

Port of New York, health officer, appropriations 388

Portchester, election of a deputy receiver of taxes 266

Potsdam State Normal and Training School, reconstruction . 338

Poughkeepsie, bills amending charter 333, 335

tuberculosis hospital 315

primaries 190, 207

printing, legislative and department, appropriations. 379

Printing law, bill amending 354

Prison law, bills amending 276, 314

prisons. State, appropriations 367

Prisons, State Commission of, appropi-iations 367

Prospect Hill Cemetery Association 197

Publ'ic Buildings, Department, appropriations. 397, 398

Public Buildings, trustees of, appropriations 397

Public build'ings law, bill amending 271

Public health law, bill amending. 31-6

Puiblic lands law, bill amending 345

Public Sei-vice Commission, appropriations . . , 387, 388

Public Works, Department, appropriations 406, 407

Superintendent, 'inspection of docks and piers 354

Queens county, jails, employees 253

street surface railroads 293

Railroad law, bills amending 244, 264, 323, 328, 338

real property 315, 345

Real property law, bills amending 324, 327

reports, printed as legislative documents, extra copies 354

Richmond county, sheriff, salaries of appointees 322

Rochester :.....: 284, 353

Rochester, Corning-Elmira traction company, bill extending

time for completion 343

Rochester State Hospital, appropriations 306

Rome 218, 340

Rome State Custodial Asylum, appropriations 311

Rosenthal, Saul J., case of 274

Rye, election of deputy receiver of taxes 266

Saint Lawrence State Hospital, appropriations. . 306

Samson, Bernard S., claim against State 224,

Santa Clara, appropi'iations •. 402

Saranac river, appropriations 4i0i8

Saratoga reservation 198, 346

savings banks, pensioning employees of ... 226

Saivyers creek, improvement 33!)

Schenectady 222, 286

Schoharie State School of Agriculture, appropriation. .280, 290

Schutrum, Charles L., claim against State 230

Index 1577

Vetoes of bills relating to — Continued : page

Secl-etary of State, appropriations . ..'1 ...;...... . 362, 372, 373

* Shelter Island, maintenance of a certain, dock. 324

. ' Sir Wm. JohnSon mansion, appropriations. 406

State Agricultural and Industrial Sohool, appropriations . . 310

State boards and commissions law, bill amending'. 342

State Hospital Commission 183, 391, 392, 393, 394

State hospitals, appropriations , 302

retirement of employees '..:.... . 201

State house, alteration for use of Court of Appeals. ...... . . 348

State instituttons, appropriations .........'.......;... 308, 330

State library, branch in the «apitol : 343

State militia, claim for counBel fees and expenses 229

State reporter, appropriations 3S6

Suffolk county, highways 336

treasurer ; .' ....'....: 339

supply bill ; ; 372

Supreme Court, Appellate Division, publication of opinions

of justices ; 203

libraries, appropriations 384, 385

... ■' Syracuse : ; 219, 2.22, 246, ^79, 334

■ Tax commissioners, appropriations 366, 388

Tax law, bills amending 243, 271, 316, 328, 339, 346, 347

Taxation, direct tax Will ic . ..l w . . . 354

, Tenement house law, bill amending. . . '. 314

*' Thomas Indian Siohool, appropriations, 310

toll bridges .- >.:... 2il2

Town law, bills amending 323, 335, 328, 351

trademarks 322

transportation corporations 315

Transportation corporations law, bill amending. ...... .291, 353

Treasurer, State, appropriations 363

truant schools i 347

Utica , 218, 341

Utica State H'osplital, appropriations . . . ., 306, 392

vacations ancl , leaves of absence of employees 351

veterans 31'6, 344

Village law, bill amending ^ 270

Vischer's ferry, bridge over Mohawk river *. 341

Washington county, sheriff 329

Washington's headquarters,. appropriations 40i6

water power, commission to investigate subject 290

development and utilization of 295

water storage corporations 2flil

Waterfoi-d ......: 239, 325

Watertown 200, 219, 224, 247, 320, 322

Watkins Glen creek, construction of concrete Wall 35 1

Watkins Glen reservation, appropriations. 405

Weights and Measures, State Superintendent of, appropria-
tions 366, 389

'[ Westchester county 282, 317, 324, 329

' Western House of Refuge for Women, appropriations. .. .308, 395

Whitesboro, bridge over Erie canal 341

Willard State Hospital, appropriations 307

,'.'_ witnesses ." ,., 352

workmen, compensations for injuries. ,,,, 248

Workmen's 'Compensation Bureau, appropriations..!: 409

Yonkers 254, 300

1578 Index

PAGE

^'ilIage law, veto of bills amending, fire marshal, establisliment of

office , 270

Vincent, Frankj appointed delegate. • 540

Vischer's Ferry, bridge over Mohawk river, vejto of bill 341

hydro electric plant, veto of bill ;,. 295

Vocational instruction, bill rela,ting to, approved- 477

AV adhams, Albion V., appointment 555

report on pripon ^nditions 983

Wadhams, Frederiek E., appointment 554

Wadhams, William H., appointed delegate , 569

Wagner, Robert F.,. appointed delegate, 540

Wagstaff, Alfred, nomination 171, 551

Wald, Lillian D., appointed delegate 541, 660

Waldo, Bhinelander, police commissioner, New York,, answer to

charges against 829

letter from 1150

Wales,. A. D., appointed delegate 568

Walker, Clara, appointed delegate 537

Walker billsj amending civil service law, on veto of 1211

Wallace, Richard W., appointed delegate 545

Waller, Dr. Owen, appointed delegate 562

Wallin, Samuel, appointed delegate 528

Walsh, John L., appointed delegate 541

Walsh,. Capt. Patrick J., appointment. 502

Walsh, Thomas G., appointed delegate 541

Walsh, Timothy, appointed delegate 541

Walsh, William J„ appointed delegate 541

Walters, Rev. Alex., appointed delegate. 5^2; 563

Walters, Mrs. Lelia, appointed delega,te 563

Walton, Lieut. Lester R., appointment 502

Walton, Lester A., appointed delegate 562

Walton High School, remarks to delegation from , 1287

Warburg, Paul M., appointed delegate.'. .; 531, 538, 542, 543

Ware, Franklin B., letter to Charles S. Sussdorff relating to Great

ileadow Prison 886

W^arner, Brainfird H., appointed delegate 537, 569

Warner, E. D., appointed delegate 569

Warner, John De Witt, nomination 169, 550

Warren, William C, appointed delegate 532, 538

Washington, Anderson, appointed delegate 562

Washington, William D'H., appointed delegate 529

report on highways. 923

Washington county, oflice of sheriff, veto of bill 329

Washington Savings Bank, charges by depositors against Superin-
tendent Van Tuyl ,'] 815

reply of Superintendent to charges 820

Washington's Headquai:ters, trustees, appointment 513

veto of appropriations for ; ; 406

Water power, appointment of commission to investigate subject. . 299

development and utilization of, veto of bill amendii^ con-

s€rva,tion law 285

Water storage corporations, veto of bill relating to 291

W'aterford, charter, veto of bill amending. 239

water supply commissioners, veto of bill 325

Index 1579

PACE
Watertown, Bethany M. E. Church, claim against State, veto of

bill . . , 224

fire department, funds, veto of bill 322

veto of bills amending charter 200,. 219, 247, 320

Waterways, statement in annual message ^. . . 35

Watkins Glen creek, construction of concrete wall, veto of bill. . 351

Watkins Glen Reservation, veto of appropriations for 405

Commission, appointment of member ;......... 650

Weed, George. S., appointment 511

Weeks, Bartow S., appointment 525

Weights and measures, conference on, appointment of delegates. . 541
Weights and Measures Department, report of Committee of In-
quiry 702

State Superintendent of, veto of appropriations for.... 366, 389

Weinstock, Leon C, appointment 555

report on prison conditions 9S3

Weisz, Charles B., appointed delegate 544

Wentworth, R. E.^ appointed delegate. 545

Wertheim, Maurice, appointment 515, 550

West, Julia Kemp, reappointment 516

West Haverstraw, s?e New York State Hospital for the Care of

Crippled and Deformed Children.
Westchester county, Albany Post road, laying of railway tracks

upon, veto of bill 282

assessment rolls, collection of taxes, etc., veto of bill 329

bonds for highway construction, veto of bill 324

sewerage system, veto of bill relating to powers of commis-
sion 317

Western House of Refuge fo^. Women, Albion, amount recom-
mended for repairs. 766

appointment of managers , 518

veto of appropriations for , .308, 395

Whalen, John S., appointed delegate 541

Wheaton, J. Frank, appointed delegate 563

Wheeler, Everett P., appointed del^ate 533

Whish, W. C, appointed delegate 541

Whitaker, Edward G., appointed delegate 569

Whitbeck, Ernest C, appointed delegate 569

White, W. A., appointed delegate 538

White, William Pierrepont, appoiiited delegate 529

White Plains, speech on direct primaries : 1443

White slave traffic, telegram from Chicago Tribune and reply of

-Governor 1185

Whitehall, Grace Wilson, reappointment , 517

Whitesbprp, bridge over Erie canal, veto of bill 341

Whitin, E. Stagg, appointment : 970

Whitman, Charles S,, appointed delegate. , . . ., 569

letter to, regarding statements in John Mjjlraney's letter

of application 1009

Whitman, Clarence, appointed delegate 538

Whitney, Patrick A., appointed delegate 56C

Widows' pensions, commission to inquire into subject 554

Wierling, William F., appointment... ,•.•....-. 516

Wieting, Charles A., reappointment 558

1580 Index

PAGX

Wilcox; Ansley, appointment on Commission on Mothers' Pensions 554

appointment on . Public Health. Commission, statement hj

Governor ; : 606

appointed delegate -. 531, 538, 545

Willard State Hospital, appointment of manager 516

veto of certain appropriations for 307

Willcox, William R., term expired 511

Williams, Mrs. Ella, appointed delegate. ....'. i ...... . 563

Williams, Frank F., appointed delegate '. . .-. ; . . . 541

Williams, Harvey A., appointment. :.'.!''.'.. 551

Williams, J. H., appointed delegate. . .... .;..■. 564

Williams, John, appointed delegate. . i ..;......-.. 541, 543

letters from 1057, 1210

report on Auburn disturbances 1095, 1096

: resigned and term expired as Commissioner of Labori .. .514, 553

telegrams ; 1053, 1091, 1095

Williams, Mrs. L. L., appointed delegate : ^ . . . . 5'6l

Williams, iLinsly E., appointed delegate. >.:.:!.•. .■ 538

Williams, Mornay, appointed delegate. . ."JVj':. 531

Vv illiams, Talcott, appointment ' . ; 507

Wilson, Frank JE., appointed delegate 527

Wilson, Margaret, appointment 970

unable to serve. . . ; f.-. .(. 971

Wilson, Thomas B., reappointment Ul i 505

Wingdale, newSprisonat. . j .;:■..'.. .• 975

Winslow, Charles E. A., appointment 965, 968

appointed delegate 543

Winters, Harry B., appointed delegate 526

Winthrop, Henry Rogers, appointed ddegate 538

Winton, Edith, appointment 520

Witnesses, veto of bill relating to 352

^Volff, John F., appointment 556

Wolf, Meyer, appointment 509

Woman suffrage, statement in annual message '. 27

Women, minimum wage law, telegrams concerning 1185

employees, physical examination, bill approved . ; ; , ■ ; . 448

Women, Prison Farm,, report of Committee of Inquiry. ...... i'':i.^- 759

Wood, Robert N., appointment. . i! . 506

Woodward, John, appointed delegate .'........•. 569

designation as associate justice. Supreme Court. 581

revocation of designation as associate justice. Supreme Court. 577

Woodward, William F., appointment. V ........-.: 522

Woolsey, M*s. Kate Trimble; appointed delegate. ;;:::....; 537

Workmen's compensation bill, address to delegation in behalf of. 1306

statement in annual message j . . . .'.'. .''.'.':' 30

veto of bill 24'8

Workmen's Compensation Bureau, veto of appropriations for. . . . 409

World Peace Congress, appointment of delegate 570

Wright, H. J., appointed delegate 533

Wright, Silas, statement by Governor 1237

Wrightson, George W., appointed delegate. 541

Wysong, Charles Ni, correspondence on gambling in Nassau

county 1151, 1159

Index 1581

PAGE

Yoakum, Benjamin F., appointed delegate 526, 565

Yonkers, armory, erection, veto of bill 345

assessment and collection of taxes, veto of bill 300

firemen, veto of bill relating to 254

speech, on direct primaries 1443

see also Philipse manor hall. *

Yonkers Bailroad Co., strike of employees 1144

Yorktovifn Heights, see New York State Training School for Boys.

Young, Allyn A., appointment 557

Young, J. Addison, term expired 504

Young, Wesley, appointed delegate 563

Young Men's Christian Association, Albany, address at noonday

luncheon to raise funds for 1264

Zary, William H., appointed delegate 538

Zellei-, Edward G., appointment 622